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International Criminal Court’s Prosecutor Faces Misconduct Allegation

The international criminal court’s prosecutor, Karim Khan, has been accused of misconduct towards a member of his office, the court’s governing body has said.

The unspecified allegation, which Khan said there is “no truth to”, comes as a panel of judges at the ICC considers applications for arrest warrants he filed against the Israeli prime minister, Benjamin Netanyahu, and defence minister, Yoav Gallant, for alleged war crimes and crimes against humanity in Gaza.

Khan has faced intense criticism from supporters of Israel over the applications. At the same time as they were made, he also requested arrest warrants for senior Hamas figures including its then leader, Yahya Sinwar, but they are all since believed to have been killed by Israel.

The president of the ICC’s assembly of state parties, its management oversight and legislative body, said on Thursday: “I am aware of recent public reports regarding alleged misconduct by the ICC prosecutor towards a member of his office. I can confirm that the independent oversight mechanism (IOM) was seized of this matter on the basis of a third-party report.”

In response to the president’s statement, Khan said: “There is no truth to suggestions of such misconduct. I have worked in diverse contexts for 30 years and there has never been such a complaint lodged against me by anyone.”

He said he would be willing to provide any information needed to the IOM, adding: “I stand with any victim of harassment or abuse and would encourage all survivors to raise their voice and come forward with such accounts wherever they may occur.”

In his statement, Khan also made apparent reference to the attacks he has faced over the arrest warrants sought for Israeli leaders, as well as a Guardian investigation, published in May, which revealed how Israeli intelligence attempted over a nine-year period to undermine, influence and allegedly intimidate the ICC chief prosecutor’s office.

Khan, a British lawyer who has served as the ICC’s prosecutor since 2021, said: “This is a moment in which myself and the international criminal court are subject to a wide range of attacks and threats. It has never been more important that the ICC, including myself as prosecutor, is able to focus on its job to deliver justice for the victims of international crimes, and demonstrate through our actions that all lives deserve the protection of international law.”

Last month, Israel submitted an “official challenge” to the request for arrest warrants against Netanyahu and Gallant, questioning their legality and the ICC’s jurisdiction.

In August, Khan’s office urged the court to take action on the warrants “with utmost urgency”, saying that it was “settled law that the court has jurisdiction in this situation”.

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