The two deputy prosecutors at the International Criminal Court (ICC) are to take over the duties of the court’s prosecutor, Karim Khan, who began leave of absence last Friday until the outcome of an investigation against him for sexual misconduct.
In a brief statement on Monday, Mr Khan’s London lawyers, Carter-Ruck, said he had taken leave because the media attention surrounding the allegations, which first emerged last year, had affected his ability to focus on his work.
However, Edinburgh-born Mr Khan – who was named prosecutor in June 2021 – had “no intention of resigning”, the law firm underlined, rejecting all allegations of wrongdoing.
“Our client remains the prosecutor, has not stepped down and his no intention of doing so,” the statement said.
The allegations against Mr Khan are unprecedented in the 23-year history of the ICC, which is already facing existential challenges following the imposition of sanctions on Mr Khan by the US in February.
US president Donald Trump imposed the sanctions in response to the court’s decision to issue warrants for the arrest of Israeli prime minister Binyamin Netanyahu and former defence minister Yoav Gallant for war crimes allegedly committed in Gaza.
Both Mr Netanyahu and Mr Gallant deny the charges and reject the court’s jurisdiction.
According to a report by the Association Press (AP) news agency in recent days, the sanctions have meant the court is finding it increasingly difficult to function.
It said Mr Khan’s access to his Microsoft email account had been terminated and his bank accounts frozen.
The several dozen American staff among the court’s 900-plus employees have been warned that they risk arrest if they return to the United States.
Some human rights organisations and NGOs have suspended their co-operation with the court for fear that US retaliation could shut down their operations worldwide.
As a result, some investigations have stalled and staff are increasingly concerned about the institution’s ability to withstand the pressure, the AP report said. The ICC has not commented.
In general, NGOs have been reluctantly positive about Mr Khan’s decision to take leave.
“Stepping aside helps protect the court’s credibility and the trust of victims, staff and the public”, said Danya Chaikel of the human rights federation, FIDH.
Removing an individual those behaviour was under investigation, said Alix Vuillemin of Women’s Initiatives for Gender Justice, “may strengthen the office’s ability to carry out its mandate with professionalism and public trust.”
On Monday afternoon, the office of the prosecutor in The Hague confirmed that deputy prosecutors, Nazhat Shameem Khan and Mame Mandiaye Niang, had “assumed leadership, management and administration of the office”.
The investigation by the UN’s Office of Internal Oversight Services is believed to be at an advanced stage.
