Judges say ICC prosecutor in sexual misconduct inquiry can potentially resume work, documents show

THE HAGUE, Netherlands (AP) — The embattled chief prosecutor of the International Criminal Court can potentially resume his duties, a three-judge panel said, after rejecting a United Nations investigation of alleged sexual misconduct with a female aide, according to conclusions viewed by The Associated Press.

A final decision on the fate of British barrister Karim Khan is now up to the Assembly of States Parties, the body that oversees the ICC. The group moved Wednesday to extend the investigation as it grapples with an unprecedented process, unrest among ICC staff and external pressures.

Khan temporarily stepped down in May 2025 pending the outcome of an investigation by the U.N.’s Office of Internal Oversight Service into allegations of sexual misconduct, which he has steadfastly denied.

The U.N. investigation found evidence that Khan had “nonconsensual sexual contact with (the aide) in his office, at his private residence, and whilst on mission,” according to a copy of its report.

In a statement to AP on Wednesday, Khan said through his lawyers that he “firmly maintains that he did not engage in any inappropriate conduct toward the complainant, whether sexual or otherwise.”

Khan’s lawyers also stated that he “categorially denies both any nonconsensual sexual conduct and the existence of any consensual sexual relationship.”

The ICC has declined to comment.

The three judges, selected by the assembly for a legal assessment of the U.N. investigation, found last month that the investigation was not conclusive enough. Nevertheless, the judges said they were compelled to make a determination, and they said the findings “do not establish misconduct or breach of duty under the relevant legal framework,” according to their 85-page assessment.

“The resolution of a number of disputes, which remains outstanding, would be necessary before a proper characterisation of the facts can be made,” said the judges, who evaluated more than 5,000 pages of evidence.

The judges wrote that the U.N. investigators “failed to indicate which witnesses’ testimony they found credible” and “did not resolve narrative inconsistencies.”

The U.N. investigators were tasked with carrying out an investigation but not assessing whether Khan’s behavior amounted to misconduct. The three-judge panel was to use the criminal standard of “beyond a reasonable doubt,” according to its report, and its advice is not binding on the assembly.

The process is unprecedented for the ICC, and the Assembly of States Parties has had to repeatedly create new rules to accommodate the situation.

Khan’s lawyers stressed in a statement Thursday that the three-judge panel unanimously found that the U.N. investigation did not establish any misconduct or breach of duty. His lawyers also noted that the U.N. investigation did not make a final determination of misconduct or breach of duty, and that their material required legal evaluation.

Accusations uncovered

In October 2024, an AP investigation revealed that Khan was facing internal accusations of sexual misconduct.

According to whistleblower documents seen by AP, Khan is alleged to have seen the woman working in another ICC department and moved her into his office. She later became a regular presence on official trips, the documents said.

On one foreign trip, Khan allegedly asked her to rest with him on a hotel bed and then “sexually touched her,” the documents said. Later, he came to her room at 3 a.m. and knocked on the door for 10 minutes, according to allegations in the documents.

Other alleged nonconsensual behavior cited in the documents included locking the door of his office and sticking his hand in her pocket. He also allegedly asked her several times to accompany him on a vacation.

Two co-workers reported the alleged misconduct to the court’s watchdog in May 2024. The investigation was closed after five days when the woman opted against filing a formal complaint because she said she feared retaliation, AP reported at the time.

The case has taken a toll on the woman who was at the center of the case. The U.N. investigation said that at one point, she was placed on a suicide watch.

“I have been left with little dignity and no privacy,” she said in an interview. The AP generally does not identify those who say they have been subjected to sexual misconduct.

Unrest among staff

A group of staff members within the prosecutor’s office sent a letter Wednesday to the Assembly of States Parties, expressing serious concerns about Khan’s potential return.

According to the document, which was seen by AP, the group felt the U.N. investigation was “incompatible with continued confidence in the prosecutor’s leadership.”

One senior staff member said “people are deeply afraid” of retaliation and three other members of staff in the prosecutor’s office expressed similar views. All spoke on condition of anonymity because they were not authorized to talk to the media.

According to the report from U.N. investigators, before he took his leave, Khan was accused of engaging in behavior that was “retaliatory in nature” toward two members of staff who were supportive of the alleged victim.

The ICC and US sanctions

The initial inquiry took place a few weeks before Khan sought arrest warrants against Israeli Prime Minister Benjamin Netanyahu over actions in Gaza. In November 2024, a three-judge panel signed off on those charges.

In response, U.S. President Donald Trump sanctioned 11 ICC staff, including Khan, for pursuing the investigations. Judges and prosecutors had their bank accounts closed and their U.S. visas revoked.

The restrictions have had a huge impact on the court’s work and staff morale.