By Stephanie van den Berg and Anthony Deutsch
THE HAGUE (Reuters) -The prosecutor of the International Criminal Court, Karim Khan, has stepped aside 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 U.S. 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 U.N. Office of Internal Oversight Services.
In a written statement, Khan’s attorneys rejected all allegations of wrongdoing. They said he said he had taken leave because media attention on the matter affected his ability to focus on his work but did not intend to resign.
“Our client remains the prosecutor, has not stepped down and has no intention of doing so,” law firm Carter-Ruck said.
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 aside 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 Khan’s leave 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 behaviour may have fuelled 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.
The ICC has high-profile war crimes investigations under way into the Israel-Hamas conflict and Russia’s war in Ukraine.
At Khan’s request, the ICC issued arrest warrants for President Vladimir Putin on suspicion of deporting children from Ukraine, and for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza. Neither country is a member of the court and both deny the accusations and reject ICC jurisdiction.
The ICC’s investigation into Israel’s conduct led the U.S. administration of President Donald Trump to impose sanctions on Khan, which the ICC president says have put the court itself at risk.
Sources, who spoke on condition of anonymity to discuss a sensitive matter, told Reuters that Khan had spoken to U.N. investigators last week in what was believed to be the final interview of a months-long outside investigation into the allegations that started in December.
It was unclear when the probe would finish.
The ICC’s two deputy prosecutors would take over his duties in the meantime, his office said.
(Reporting by Stephanie van den Berg and Anthony Deutsch, editing by Bart Meijer, Timothy Heritage, William Maclean)
