War crimes prosecutor who indicted Netanyahu on sexual assault charges
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War crimes prosecutor who indicted Netanyahu on sexual assault charges

The chief prosecutor who prosecuted war crimes charges against Israel’s 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 a Israeli intelligence smear campaign.

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

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

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

With no emotional support and wary of the process, she decided not to file a complaint at that moment.

ICC prosecutor in The Hague Allegations of sexual misconduct
Karim Khan at a press conference in The Hague on July 3, 2023. Khan is accused of long-term sexual abuse involving an aide.

AP Photo/Peter Dejong

“A complete, repeated pattern of conduct”

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

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

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

The first approach to the internal watchdog came from two employees in whom she confided.

“This was not a one-time advance or an arm around the shoulder open to misinterpretation,” said a source familiar with her story. “It was a complete, repeated pattern of behavior carried out over a long period of time.”

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

In 2020, a review of the 900-strong ICC task force found shortcomings in the enforcement of its “zero tolerance” policy for sexual harassment. The review highlighted key issues, including undermining behavior by male supervisors, under-representation of women in senior roles and inadequate systems to deal with complaints and protect whistleblowers.

“There is a general reluctance, if not extreme fear, among many employees to report alleged misconduct or misconduct” by a senior official, the audit said.

“The perception is that they are all immune.”

ICC prosecutor in The Hague Allegations of sexual misconduct
International Criminal Court building in The Hague. Khan’s accusers have now appealed to the states of the convention for an independent investigation into his alleged sexual abuse.

Aleksei Gorovoi/Getty Images

Khan’s request for the arrest of Netanyahu

The ICC, which was established in 2002 under Rome Statuteis mandated to prosecute war crimes, genocide and crimes against humanity in cases where domestic courts fail to act.

Some decisions have been reviewed by governments that do not recognize the ICC’s jurisdiction, including Israel and that USA.

On May 20, just days after the internal ICC investigation was dropped, Khan issued an arrest warrant for Netanyahu, Israeli Defense Minister Yoav Gallant and three Hamas leaders and accuse them of war crimes.

Soon after, the Biden administration expressed shock at the allegations against Israeli leaders, with the president Joe Biden calls the prosecutor “outrageous” for its implication of equivalence between Israel and Hamas.

Netanyahu has branded the ICC’s actions “outrageous of historic proportions”.

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

ICC prosecutor in The Hague Allegations of sexual misconduct
Israeli Prime Minister Benjamin Netanyahu speaks at the UN on September 27. Israel has resisted the ICC’s jurisdiction, particularly with regard to investigations in Palestine.

Stephanie Keith/Getty Images

Further friction with Russia and Venezuela

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

His record at the ICC reflects an increased focus on international accountability.

Since the 2021 election, he has expanded ICC investigations beyond its original focus on African nations. Recent cases have been addressed Russian President Vladimir Putin for alleged war crimes in Ukraine and venezuelan President Nicolás Maduro cracks down on protesters.

This approach has also given the prosecutor several opponents.

After he launched an investigation 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.