The ICC's investigation of its chief prosecutor has been a failure | Kenneth Roth

Karim Khan has faced allegations of repeated sexual misconduct, which he denies. He took a leave of absence about a year ago while claims were investigated as an internal employment matter. During that time, the ICC has been run by his deputies, while major decisions are needed across Gaza, Ukraine, Sudan, and eastern Democratic Republic of Congo. Member states have delayed action on whether he should remain in office. The process relied on the UN Office of Internal Oversight Services, which interviewed the complainant, Khan, and others but did not make credibility assessments. It provided detailed accounts of testimony and denials without deciding key disputed facts. The complainant alleged coercive sexual behavior in multiple locations, including hotel rooms, the ICC office, and Khan’s home, with reported psychological harm. The investigation did not opine on her credibility.

"Accused by a lawyer in his office of repeated sexual misconduct, which he denies, he claims that an internal review of the allegations has vindicated him but the situation is more complex than that. It has been a year since Khan took a leave of absence while the claims against him were investigated as an internal employment matter. That absence has left the ICC under the control of his deputies, with important decisions to be taken in Gaza, Ukraine, Sudan, eastern Democratic Republic of Congo, and elsewhere."

"Yet the ICC member states, which have ultimate authority over whether Khan stays or goes, have dawdled, acting as if they had all the time in the world. And the procedure that they relied on to resolve the matter turned out to be a travesty. They assigned fact-finding to the UN's Office of Internal Oversight Services (OIOS). It interviewed the complainant as well as Khan and other people in the prosecutor's office. Yet shockingly, it did not decide what had happened."

"It detailed the complainant's testimony and Khan's denials but refused to make the assessments of credibility that were needed to decide who was telling the truth. On the key matters in dispute, it made no findings of fact at all. For example, the complainant, who is married and has a child, alleged a pattern of coercive sexual behavior by Khan that occurred in hotel rooms during work trips, in Khan's office at the ICC, and at his home."

"The OIOS reported her detailed testimony but never opined whether she was credible in revealing alleging these humiliating and painful encounters, ones that reportedly led to suicidal thoughts and placement on a suicide watch. When the OIOS asked Khan whether he had had a sexual relationship with the complainant, he gave a prepared statement that he had never engaged in any prohibit"

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