Keypoints:
- Karim Khan says investigations cleared him of misconduct
- ICC Bureau accused of attempting to revisit dismissed allegations
- Prosecutor warns dispute could damage Court credibility
INTERNATIONAL Criminal Court (ICC) Prosecutor Karim Khan has accused elements within the ICC Bureau of trying to reopen misconduct allegations already dismissed by investigators and judges, saying the move threatens the Court’s credibility and independence.
In a statement issued Friday through UK law firms Bindmans LLP and Carter-Ruck Solicitors, Khan said a year-long United Nations investigation and a subsequent judicial review both failed to establish misconduct or breach of duty on his part.
The dispute centres on whether the ICC Bureau can revisit allegations previously examined and dismissed by both UN investigators and an independent judicial panel, raising broader questions about governance, procedural fairness and institutional credibility at the Hague-based court.
‘This matter has been examined through a full investigation and reviewed by an independent judicial panel,’ Khan said.
‘Those processes reached clear conclusions.
‘What now concerns me is the suggestion that those conclusions can be set aside by creating a different process, without any clear legal foundation.
‘That is not simply a question of fairness to me, but of the integrity of the institution itself.’
UN probe cleared Khan, lawyers say
The allegations against Khan were first reviewed by the ICC’s Internal Oversight Mechanism (IOM), which closed the matter in May 2024 and again in November 2024, including after Khan himself requested a formal investigation.
The claims were later examined by the UN Office of Internal Oversight Services (OIOS) in what Khan’s legal team described as a ‘comprehensive, year-long external investigation’.
According to the statement, the OIOS inquiry did not produce findings of sexual misconduct or reprisals despite extensive public scrutiny surrounding the case. Khan has consistently denied all allegations.
Following the OIOS investigation, the ICC Bureau appointed an independent panel of three senior judges to review the report alongside more than 5,000 pages of supporting evidence.
The judges were tasked with determining whether the material demonstrated ‘no misconduct’, ‘lesser misconduct’ or ‘serious misconduct’.
According to Khan’s legal representatives, the panel unanimously concluded that the evidence did not establish misconduct or breach of duty.
Khan has led several high-profile ICC investigations involving conflicts in Ukraine, Sudan and Gaza, placing the Court under growing international scrutiny. Recent ICC cases linked to Sudan war crimes investigations have intensified mounting political pressure on the Hague-based institution.
Khan warns against reopening allegations
Khan’s legal team also submitted expert evidence from Ben Swanson, a former Assistant Secretary-General at OIOS and former Director of Investigations, who reportedly concluded that the evidence did not meet the legal threshold required to support a finding of misconduct.
Swanson later criticised what he described as the circulation of an inaccurate ‘summary’ of the OIOS report, arguing that it improperly converted references to allegations into factual findings.
‘To provide an inaccurate summary of allegations Swanson said were unsupported and to use them to inform a disciplinary process is plain wrong,’ the statement quoted him as saying in a further expert report.
Khan’s lawyers argued that the distinction was significant because the OIOS report itself allegedly made no findings of misconduct.
They also claimed the summary had circulated beyond the Bureau, including among members of the Assembly of States Parties, and had been leaked to media organisations, potentially shaping public perceptions of the case.
The statement further accused some Bureau members of attempting to introduce another evidential phase despite both reviews having already concluded.
According to Khan’s representatives, no clear legal basis or procedural framework exists for such a move.
‘For the Prosecutor, the issue now extends beyond the original allegations,’ the statement said.
‘It raises a fundamental question about whether established oversight and judicial findings can be set aside in apparent pursuit of a different outcome.’
ICC Bureau bias concerns emerge
Khan also disclosed that he had previously sought the recusal and disqualification of three Bureau members over alleged improper contact with the complainant and concerns regarding possible bias or prejudgment.
One Bureau member reportedly stepped aside before the formal disqualification request was submitted, although the remaining applications were rejected.
The legal team warned that reopening the process risked turning a legal matter into one influenced by ‘political considerations and external pressure’.
‘It is not a recognised or legitimate procedural step, but an improper attempt to re-engineer the outcome,’ the lawyers said.
Khan seeks procedural safeguards
Despite objecting to the direction of the proceedings, Khan said he had cooperated fully throughout the OIOS investigation, a point his lawyers said investigators themselves acknowledged.
The Prosecutor is expected to submit a formal representation to the Bureau by May 8 outlining his concerns regarding the legality and integrity of the ongoing process.
He is urging the Bureau to uphold the findings of its own investigative and judicial mechanisms and ensure any future action complies with established legal standards and procedural fairness.
The ICC Bureau had not publicly responded to Khan’s latest claims at the time of publication.
‘Doing so is essential to maintaining confidence in the independence and integrity of the Court,’ the statement concluded.
