Prosecutor General Karim Khan in The Hague, Netherlands, March 14, 2025. PETER DEJONG/AFP
Three judges appointed by the bureau of the assembly of the 125 states parties to the International Criminal Court (ICC) unanimously concluded that "the factual findings by OIOS [Office of Internal Oversight Services, a United Nations body] do not establish misconduct or breach of duty" by Karim Khan. The prosecutor had been accused by one of his employees of sexual harassment. In a confidential report delivered to the assembly's presidency on March 9, the three judges wrote that "there is insufficient evidence to support a finding of misconduct" by Khan "beyond reasonable doubt" – a demanding standard.
This entire case has played out in a time of crisis for the ICC, which faces the threat of US sanctions for having issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant in November 2024.
The three judges, who are independent from the ICC, were tasked with making a legal assessment of the facts based on an investigation conducted by the OIOS. Yet, 17 months after the inquiry began, and despite their findings, the fate of Khan, who has been on leave from the Court since May 16, 2025, remains undecided.
