International court prosecutor who accuses Netanyahu faces sexual harassment charges

Joshua Goodman and Molly Quell
| Associated Press

The Hague, Netherlands — While the chief prosecutor of the International Criminal Court was demanding war crimes charges against Israeli Prime Minister Benjamin Netanyahu for the actions in Gaza this year, he was dragged into a very different personal crisis that was happening behind the scenes.

Karim Khan faced accusations that he tried to force a female aide into sexual intercourse and groped her against her will for more than a year. He categorically denied the allegations, saying “there is no truth to the allegations of abuse.” Court officials said these may have been done as part of a smear campaign by Israeli intelligence.

Two of the woman’s trusted colleagues at the ICC’s headquarters in The Hague reported the alleged misconduct to the court’s independent monitor in early May; That agency said it interviewed the woman and ended the investigation five days later after she refused to file a formal complaint. . Khan himself was never questioned.

But the matter may not be over.

While the woman declined to comment to The Associated Press, people close to her say her initial reluctance stemmed from distrust of the internal watchdog and that she has asked member states that oversee the ICC to launch an external investigation. An ICC official with knowledge of the matter, who spoke to the AP on condition of anonymity, confirmed that the request was under evaluation.

These efforts of the woman, who currently works in the courthouse, were applauded by her relatives.

“This was not a one-time advance or a shoulder thrust that could be misinterpreted,” one of the people told the AP, speaking on condition the woman’s identity was anonymity. A pattern of behavior that is repeated over a long period of time.”

Although the court’s observer was unable to detect the crime, he nevertheless urged Khan in a note to minimize contact with the woman to protect the rights of all involved and preserve the integrity of the court.

A few days after the watchdog shelved the case, the court’s work continued. On May 20, Khan requested an arrest warrant for Netanyahu, his defense minister and three Hamas leaders on war crimes charges. A three-judge panel is currently considering the request.

US President Joe Biden’s administration said the move was blind, while the president called the investigation “outrageous” for implying an equivalence between Israel and Hamas.

In announcing the accusations, Khan implied that external forces were waging a campaign to derail the investigation.

“I insist that all attempts to obstruct, intimidate or improperly influence officials of this court must be stopped immediately,” Khan said, adding that he would not hesitate to use his authority to investigate people suspected of obstructing justice.

AllegationsAP pieced together details of the accusations through reporting documents shared with the court’s independent monitor and interviews with eight ICC officials and people close to the woman. They spoke on condition of anonymity due to the sensitive nature of the allegations or fear of retaliation.

Among the allegations conveyed to the AP is that Khan noticed the woman working in another department of the ICC and carried her to his office; This transfer also included a salary increase. Allegedly, their time together increased after a private dinner in London, where Khan held the woman’s hand and complained about her marriage. He took part in official trips and meetings with dignitaries.

During one such trip, Khan allegedly asked the woman to relax with him on a hotel bed and then “touched her sexually,” according to the documents. He then came to her room at 3 a.m. and knocked on the door for 10 minutes.

Other nonconsensual behavior noted in the documents included locking his office door and putting his hand in his pocket. He also allegedly asked to go on holiday together several times.

When she returned to ICC headquarters after a trip, she tearfully complained to two colleagues about Khan’s behavior and the pain she felt at not being able to stand up to a boss she had once admired.

These colleagues were shocked because Khan always seemed to display exemplary behavior towards women and was outspoken against gender-based crimes. They also considered the accusations against the background of well-publicized attempts by intelligence agents from Israel and elsewhere to infiltrate the court; This has created a work environment plagued by intrigue and distrust.

But in the wake of the #MeToo movement, no powerful man is immune from scrutiny, and colleagues followed court workplace rules that encourage reporting misconduct by senior officials.

After months of inactivity and whispered rumors that a scandal was brewing, last week an anonymous account on X called @ICC_Leaks began to unearth some allegations.

Israel’s allies in the US Congress also became aware of the possible scandal. Sen. Lindsey Graham is seeking records on whether the misconduct charges played any role in Khan’s decision to cancel an aide’s planned visit to Israel in May and pursue war crimes charges.

“Another moral cloud hangs over Prosecutor Khan’s sudden decision to abandon his involvement with Israel and issue an arrest warrant,” the South Carolina Republican wrote in a letter to the court’s oversight authority.

Khan, 54 years old, married and father of two children, said in his statement that the accusations were not “untrue” and that he had always stood by the victims of sexual harassment and abuse during his 30-year scandal-free investigation work.

Khan said he would be willing to cooperate with any investigation if asked, and that any accusations should be “thoroughly heard, examined and subjected to an appropriate process.”

Without directly naming any organization, he stated that both he and the court had been the target of “a wide variety of attacks and threats” in recent months, some of which also targeted his wife and family. Khan’s office declined to provide details because the incidents are under investigation.

A growing list of enemies Under Khan’s rule, the ICC has become more assertive in combating crimes against humanity, war crimes and related atrocities. Added to the growing list of enemies along the way.

Last September, following the launch of an investigation into Russian atrocities in Ukraine, the court suffered a debilitating cyberattack that left staff unable to work for weeks. He also hired an intern who was later accused in the United States of being a Russian spy.

Israel has been waging its own influence campaign since the ICC recognized Palestine as a member and launched a preliminary investigation in 2015 into what the court called “the situation in the State of Palestine.”

London’s The Guardian newspaper and multiple Israeli news outlets reported this summer that Israeli intelligence agencies had targeted senior ICC staff for the past decade, including placing Khan’s predecessor under surveillance and arriving at his home with envelopes full of cash to discredit him.

In the days before Khan announced the war crimes charges, Netanyahu called on the world’s democracies to “use all the tools at their disposal” to prevent the court from abandoning what he called “a disgrace of historic proportions.”

The Israeli foreign ministry forwarded AP’s questions about the case to the Prime Ministry, but did not respond. The US State Department declined to discuss the matter but said in a statement that it “takes any allegation of sexual harassment seriously and we expect the court to do the same.”

The Dutch foreign ministry and some MPs in the Netherlands have called for an investigation into whether the Israeli embassy is carrying out covert activities against the ICC.

Who is Khan? Before being secretly elected in 2021, British international lawyer Khan had a long history of defending some of the world’s most ruthless strongmen, including former Liberian President Charles Taylor and the son of the late Libyan dictator Muammar Gaddafi. Voted to become attorney general.

The Rome Statute establishing the court came into force in 2002, giving it the power to prosecute war crimes, crimes against humanity and genocide; but only when local courts have not initiated their own investigations. Neither the United States, Israel nor Russia are among the 124 member states that recognize the court’s jurisdiction; However, citizens of these countries can be accused of crimes committed in ICC member countries.

Still, Washington welcomed Khan’s election, especially after his predecessor moved to “de-prioritise” the investigation into abuses of US military personnel in Afghanistan.

Khan also broadened the court’s focus, bringing criminal charges against people outside Africa for the first time. He accused Russian President Vladimir Putin of kidnapping children in Ukraine and launched an investigation against Venezuelan President Nicolás Maduro for his repression of protesters.

“He is by far the most professional jurist the court has ever had in its short history,” said Kenneth Roth, former executive director of Human Rights Watch. “He is articulate, media savvy and has extensive courtroom experience working with evidence to the highest standards.”

But Khan’s reputation with the United States was shaken when he announced that he wanted Netanyahu and Israel’s defense minister arrested for war crimes, including the starvation of civilians.

Khan, a Muslim whose father emigrated to the UK from Pakistan, shared the evidence with a panel of experts, including British human rights lawyer Amal Clooney, wife of actor George Clooney, to defend himself from attacks that he had an anti-Israel bias.

‘Extreme fear’ in reporting abuse Although the 900-staff ICC has long had a “zero tolerance” policy on sexual harassment, an external review of the court’s internal workings in 2020 found unacceptable levels of predatory behavior by male bosses. the number of women in senior positions and inadequate mechanisms for handling complaints and protecting whistleblowers.

“There is a general reluctance, if not undue fear, among many staff to report any alleged act of misconduct or misconduct by a senior official,” the review concluded. “The perception is that they are all immune.”

Although the ICC’s policies have been updated since the report, there is no explicit ban on romantic relationships, as in many American workplaces. While elected officials like Khan are expected to demonstrate “high moral character,” there is no definition of “serious misconduct” that would warrant removal.

“International organizations like the ICC are some of the last places where men in positions of power treat these organizations like playgrounds,” said Sarah Martin, a gender equality expert who advises several United Nations agencies. “There are so many complaints that go uninvestigated because there is a perception that senior officials are protecting each other.”

People close to Khan’s accuser said investigators from the court’s watchdog, known as the Independent Oversight Mechanism, showed up for an interview on Sunday and asked for specific details about her relationship with Khan while listening to the boy. Without any emotional support and feeling intimidated by the process, she decided not to file a complaint at that moment.

In the weeks since, he has decided to move up the chain of command by reaching out to the Assembly of States Parties to the Rome Statute, which oversees the court and has the final say on Khan’s future.

Finnish diplomat Paivi Kaukoranta, who currently serves as president of that body, did not comment specifically when asked whether a new investigation had been launched.

But in a statement, he asked people to respect the integrity and confidentiality of the process and “including possible further steps as necessary.”