Allegations against ICC war crimes prosecutor still under review, memo says

ICC Chief Prosecutor Karim Khan is accused of non-consensual relationship with lawyer in his office

Allegations of sexual misconduct against the prosecutor of the International Criminal Court are still under review by the court's executive branch, an internal memo shared with staff on Sunday and seen by Reuters said.

ICC Chief Prosecutor Karim Khan, who investigates war crimes, crimes against humanity and genocide, has stepped aside temporarily pending an investigation into accusations of a non-consensual sexual relationship with a lawyer in his office. He rejects allegations of wrongdoing.

Khan's lawyers said in a response after Reuters published its report on Sunday that the ICC's governing body is expected to meet on Monday to consider the advice and conclusions of an outside panel of judges, which has not been made public.

"The judges produced a lengthy, reasoned analysis, unanimously concluding that the factual findings do not establish misconduct or breach of duty. What remains is for the politicians in the Bureau to confirm the assessment of the Panel," the lawyers for Khan wrote in an email.

The court, the office of the prosecutor, and the Assembly of States Parties did not respond to emails seeking comment, which were sent on Sunday outside of normal working hours.

A news report in the Middle East Eye on Saturday said Khan had been cleared.

After a year-long investigation, the UN Office of Internal Oversight Services submitted its confidential fact-finding report in December to the ICC's executive branch, known as the Bureau of the Assembly of States Parties.

"The disciplinary process before the Bureau is ongoing and remains confidential. No decisions have been taken, and no weight should be given to recent media speculation," the Assembly's President Paivi Kaukoranta said in a memo to court staff, which Reuters reviewed.

NO DECISIONS TAKEN

The sexual misconduct investigation into Khan coincided with U.S. sanctions against him and other court prosecutors and judges for their role in investigating allegations of Israeli war crimes in Gaza, which led to the indictment of Prime Minister Benjamin Netanyahu.

The ICC is the world's court of last resort for international crimes, and has 125 member countries. It has been thrust into an existential crisis by the sanctions and loss of the prosecutor, who is its most prominent official.

Its membership does not include China, Russia or the United States, which have opposed Khan's issuing of arrest warrants for sitting leaders, including Russian President Vladimir Putin and Netanyahu.