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War Crimes Prosecutor Who Charged Netanyahu Accused of Sexual Misconduct

October 25, 2024
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War Crimes Prosecutor Who Charged Netanyahu Accused of Sexual Misconduct
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The chief prosecutor who pursued war crimes charges against Israeli Prime Minister Benjamin Netanyahu has been accused of sexual misconduct.

Karim Khan has denied the allegations, calling them “completely false.” International Criminal Court (ICC) officials have suggested the claims may be part of an Israeli intelligence smear campaign.

The misconduct allegations first surfaced in early May, when two of Khan’s colleagues at ICC headquarters in The Hague reported that he had allegedly coerced a female aide over an extended period, pressuring her into a sexual relationship and making unwanted physical contact.

The ICC’s internal watchdog, the Independent Oversight Mechanism, investigated the claims over five days, concluding after the aide chose not to file a formal complaint.

People close to Khan’s accuser say investigators from the court’s watchdog showed up for an interview on a Sunday and asked for intimate details about her relationship with Khan as her child listened.

Without any emotional support and wary of the process, she decided not to file a complaint at that moment.

ICC Hague Prosecutor Sexual Misconduct Allegations
Karim Khan at a press conference in The Hague on July 3, 2023. Khan stands accused of long-term sexual misconduct involving an aide.
Karim Khan at a press conference in The Hague on July 3, 2023. Khan stands accused of long-term sexual misconduct involving an aide.
AP Photo/Peter Dejong

‘A Full-On, Repeated Pattern of Conduct’

Khan was not questioned. But the watchdog advised him to limit contact with the woman to “protect the rights of all involved.”

While the aide has declined to comment publicly, those close to her described her reluctance as a result of distrust toward the investigative process from the ICC.

Since then, she has asked the Assembly of States Parties, the body that oversees the ICC, to conduct an independent external probe.

The initial approach to the internal watchdog came from two co-workers in whom she confided.

“This wasn’t a one-time advance or an arm around the shoulder that could be subject to misinterpretation,” said a source familiar with her account. “It was a full-on, repeated pattern of conduct that was carried out over a long period of time.”

An ICC official confirmed that the request for an external investigation remains under consideration.

In 2020, a review of the 900-strong ICC workforce found gaps in enforcing its “zero-tolerance” sexual harassment policy. The review highlighted significant issues, including predatory behavior by male supervisors, underrepresentation of women in senior roles, and insufficient systems for addressing complaints and safeguarding whistleblowers.

“There is a general reluctance, if not extreme fear, among many staff to report any alleged act of misconduct or misbehavior” by a senior official, the review said.

“The perception is that they are all immune.”

ICC Hague Prosecutor Sexual Misconduct Allegations
The International Criminal Court building in The Hague. Khan’s accuser has now appealed to the Assembly of States Parties for an independent investigation into his alleged sexual misconduct.
The International Criminal Court building in The Hague. Khan’s accuser has now appealed to the Assembly of States Parties for an independent investigation into his alleged sexual misconduct.
Aleksei Gorovoi/Getty Images

Khan’s Netanyahu Arrest Request

The ICC, founded in 2002 under the Rome Statute, has a mandate to prosecute war crimes, genocide, and crimes against humanity in cases where domestic courts fail to act.

Certain decisions have seen scrutiny by governments that do not recognize ICC jurisdiction, including Israel and the United States.

On May 20, just days after the internal ICC probe was shelved, Khan issued an arrest request for Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders, accusing them of war crimes.

Soon afterward, the Biden administration expressed shock over the charges against Israeli leaders, with President Joe Biden calling the prosecution “outrageous” for its implication of equivalency between Israel and Hamas.

Netanyahu has labeled the ICC’s actions an “outrage of historic proportions.”

As of this week, the reported death toll in Gaza from the ongoing Israel-Hamas war stands at over 44,000. Of that figure, 97 percent of lives lost have been Palestinian.

ICC Hague Prosecutor Sexual Misconduct Allegations
Israeli Prime Minister Benjamin Netanyahu speaks at the United Nations on September 27. Israel has resisted ICC jurisdiction, particularly regarding investigations in Palestine.
Israeli Prime Minister Benjamin Netanyahu speaks at the United Nations on September 27. Israel has resisted ICC jurisdiction, particularly regarding investigations in Palestine.
Stephanie Keith/Getty Images

Additional Friction with Russia and Venezuela

Khan stated that he “stands ready to cooperate” with any external inquiry and affirmed the importance of treating allegations “seriously and thoroughly.”

His record at the ICC reflects a ramped-up focus on international accountability.

Since his 2021 election, he has expanded ICC investigations beyond its original focus on African nations. Recent cases have targeted Russian President Vladimir Putin for alleged war crimes in Ukraine and Venezuelan President Nicolás Maduro for crackdowns on protesters.

This approach has also earned the prosecutor several adversaries.

Following his opening of a probe into alleged Russian atrocities in Ukraine last year, the ICC experienced a cyberattack that disrupted its operations for weeks.

This article includes reporting from The Associated Press.

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