One of the world’s oldest and largest human rights organisations has called for the immediate suspension of Karim Khan, the prosecutor at the International Criminal Court (ICC). Mr Khan is facing allegations of sexual misconduct in the workplace, which he denies.
Mr Khan has acknowledged the allegations against him but has said he will remain in post while an external investigation is carried out – and while his two deputy prosecutors, independently and not reporting to him, handle any matters relating to the sexual misconduct claims.
However, the International Federation of Human Rights (FIDH), jointly with Women’s Initiatives for Gender Justice, said Mr Khan should step down in line with the court’s own rules on “suspension during disciplinary proceedings” until the external investigation announced last week is concluded.
Four years after the Goldstone independent review which found “a culture of fear” more broadly at the court, the FIDH said the allegations “highlight deeper issues within the court’s workplace culture and expose structural deficiencies that urgently require attention and reform”.
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The allegations against Mr Khan were acknowledged earlier this month by the assembly of states parties, the body of signatories to the Rome Statute that established the court in 2002. The assembly begins its annual meeting in The Hague next Monday.
Assembly president, Pӓivi Kaukoranta said the allegations would be examined externally rather than by the ICC’s internal oversight mechanism, which would normally carry out such an inquiry.
In relation to who will carry out the investigation, FIDH said it understood the body most likely to be chosen was the UN’s Office of Internal Oversight Services (OIOS). However, misgivings remain.
“There are concerns about the selection of this investigative body, including publicly raised concerns regarding the alleged close relationship between the ICC prosecutor and OIOS.
[ Karim Khan: ICC prosecutor beginning the legal fight of his lifeOpens in new window ]
“We strongly recommend ensuring that these concerns are openly and transparently addressed before assigning the mandate to OIOS.”
The concerns relate to Mr Khan’s wife, human rights lawyer Dato Shyamala Alagendra, who previously worked at the OIOS.
In relation to Mr Khan’s “temporary suspension”, FIDH maintained it was “necessary to protect the integrity of the court” in compliance with Rule 28 of its Rules of the Procedure and Evidence, and with Rule 110.5 on “suspension during disciplinary proceedings”.
“This approach would enable the investigation to proceed unhindered, strengthening trust in the process and underscoring a commitment to accountability and impartiality. It would allow the Office of the Prosecutor to continue its essential work without distraction.”
The two NGOs said the wellbeing of ICC staff had to be safeguarded using “a feminist leadership approach to accountability”.
This approach was based on the understanding that “discrimination, oppression and violence do not occur in a vacuum but are perpetrated by some and enabled by others in the very same environment”.
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