The prosecutor of the International Criminal Court, Karim Khan, has stepped down temporarily as an investigation by the United Nations into alleged sexual misconduct by him nears its end, his office said on Friday.
The move is unprecedented and there is no clear procedure for replacing Khan. The situation creates added uncertainty for the ICC, which is already facing an existential crisis due to US sanctions over its arrest warrants for Israeli officials.
Khan’s office said the prosecutor had taken leave until the end of the investigation by the UN Office of Internal Oversight Services.
The ICC’s two deputy prosecutors would take over his duties in the meantime, it added.
Khan’s lawyers did not immediately respond to a written request for comment.
The prosecutor has denied allegations of misconduct that were reported to the court’s governing body in October last year.
In a letter sent to his staff and seen by Reuters, the prosecutor said that he had been keeping his position under constant review. “In light of escalating media reports, I have made the considered decision to take leave,” Khan said.
“My decision is driven by deep and unwavering commitment to the credibility of our Office and the Court, and to safeguard the integrity of the process and fairness to all involved,” he said.
Khan had earlier ignored calls by NGOs and ICC staff to step down while the investigation was under way.
Several of those NGOs on Friday hailed his decision to temporarily step down as a sign that no one is above the law.
“Stepping aside helps protect the court’s credibility and the trust of victims, staff, and the public. For the alleged victim and whistle blowers, this is also a moment of recognition and dignity,” said Danya Chaikel of human rights watchdog FIDH.
Others said suspending Khan would not derail the ICC’s investigations as the office of the prosecutor is not a one-man show.
“In fact, removing an individual whose alleged behavior may have fueled a toxic work culture may strengthen the office’s ability to carry out its mandate with professionalism and public trust,” Alix Vuillemin of the Women’s Initiatives for Gender Justice told Reuters.
Sources, who spoke on condition of anonymity to discuss a sensitive matter, told Reuters that Khan had spoken to UN investigators last week in what is believed to be the final interview of the external investigation into the allegations which started in December.
It is unclear when the probe will finish and also what the outcome will be and what it would mean.
Khan stepping down from his position came days after a Wall Street Journal report stated that the ICC decided to seek arrest warrants for Prime Minister Benjamin Netanyahu and other Israeli officials only after Khan was accused of sexual assault.
A Malaysian lawyer who accompanied Khan on multiple overseas trips told UN investigators that he coerced her into non-consensual sexual encounters in New York, Paris, and The Hague, while she worked as a close aide to him.
Khan previously stated that he hoped warrants would turn West against Israel
Days after the WSJ report, a senior Western diplomat, close to the ICC case, told The Jerusalem Post in an exclusive interview that Khan issued these warrants in the hope that “it would make the West turn against Israel.”
The diplomat asked to remain anonymous and further stressed his belief that Khan’s decision to issue arrest warrants would also inspire public pressure from pro-Palestinian groups.
Late last month, the prosecutor was warned against publicizing new arrest warrant requests against Israeli officials, according to The Guardian, citing sources saying that Khan was readying to issue new requests for order against alleged Israeli suspects.
Jotam Confino contributed to this report.
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