Exclusive: Lawyer goes public with sexual misconduct claims against ICC chief prosecutor. He denies the allegations

International Criminal Court Faces Critical Decision on Chief Prosecutor Amid Sexual Misconduct Claims

Exclusive – The International Criminal Court stands at a pivotal moment as member nations prepare to cast their votes regarding the future of Chief Prosecutor Karim Khan. This decision comes following a comprehensive investigation into serious allegations of sexual misconduct leveled against him. For several months, a United Nations oversight body has been examining claims brought forward by a female court employee who served as Khan’s direct assistant. A confidential copy of the UN investigative report, recently obtained by CNN, reveals detailed accusations. The woman contends that Khan sexually harassed her and repeatedly engaged in non-consensual sexual behaviors, which included groping, attempted kissing, and both digital and genital penetration. Khan has consistently maintained his innocence regarding these accusations.

A Long-Standing Employee Speaks Out

While the allegations against Khan first surfaced in 2024, Sarah has remained silent until this recent interview. A lawyer originally hailing from Malaysia, Sarah has been employed by the ICC since 2017. She expressed that she never desired to find herself in this situation and characterized her experience as deeply humiliating. At her specific request, CNN is referring to her only by her first name. Speaking to CNN’s Christiane Amanpour in an exclusive interview, Sarah explained the progression of the alleged incidents. She noted that the misconduct persisted for approximately one year following her appointment as Khan’s assistant in February 2023. Sarah described how the behavior evolved from subtle boundary encroachments, both emotional and physical, into more overt actions. She recalled moments when she would freeze, unable to refuse Khan’s advances due to concerns about jeopardizing her employment, her financial stability, and her work visa that permits her residence in the Netherlands alongside her husband and son.

“There is no way for something to be consensual when you have such a power disparity. What I think many people don’t understand is that Mr. Khan was not just my boss, he was everyone’s boss,” Sarah stated. “And it cannot be consensual.”

Disciplinary Proceedings and Member State Vote

The court’s supervisory entity placed Khan on suspension in June while disciplinary procedures were underway. Those proceedings have now been forwarded to the 125 member states of the ICC. Delegates from each nation are anticipated to make their determination on July 24 concerning whether Khan’s suspension should remain in effect and what additional measures, if any, should be implemented. Khan and various supporters have argued that the accusations represent a coordinated attempt to tarnish his standing following his initiative to secure warrants against Israeli officials for alleged war crimes. When questioned about the specific claims by CNN, Khan’s primary legal representative, Sareta Ashraph, emphasized the seriousness of the matter. She noted that the allegations warranted thorough investigation and judicial review, which has indeed occurred. Ashraph further clarified that Khan has consistently denied all accusations in their entirety, including any form of sexual relationship, whether consensual or non-consensual, with the complainant.

Conflicting Reports and Standards of Proof

CNN has acquired a copy of the UN oversight office’s report, which was distributed internally during December. This document identified evidence demonstrating a factual foundation for the claims, drawing upon interviews with Sarah, her coworkers, and additional witnesses. Within the report, Sarah’s identity is concealed, and she is designated simply as “V01.” Conversely, a March report issued by a panel of judicial experts assembled by the ICC determined that there was inadequate evidence to substantiate a misconduct finding according to the standard of proof beyond reasonable doubt. That assessment concluded that the factual determinations made by the UN watchdog did not establish misconduct or a breach of duty. Additionally, earlier this month, The New York Times disclosed that another internal ICC document indicated Khan engaged in sexual harassment through sexual activity with a junior staff member, identified as Sarah. The publication also highlighted that Khan initially failed to provide a clear denial regarding a sexual relationship with his subordinate and subsequently attempted to discourage his accuser from continuing with the allegations. CNN has been unable to independently confirm the conclusions of that particular report, which remains unpublished. Khan’s lead counsel maintains that the UN OIOS report carries less authority than the panel of judges, noting that it does not utilize a standard of proof. According to Ashraph, the UN investigation’s function was to gather facts, and in accomplishing this, it presented several conflicting elements within the evidence.