Former ICC judges slam sexual misconduct investigation into chief prosecutor

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Critics have questioned the handling and timing of allegations against Karim Khan after he pursued arrest warrants for Israeli leaders

The International Criminal Court’s handling of a sexual misconduct investigation into chief prosecutor Karim Khan raises major questions over its timing and procedural irregularities, according to four former judges. The case followed Khan’s decision to seek arrest warrants for Israeli leaders over the Gaza war.

Khan applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant in May 2024, accusing them of crimes against humanity. 

The ICC official had also previously secured a warrant for Russian President Vladimir Putin over the alleged deportation of Ukrainian children. Neither Russia nor Israel recognizes the ICC’s jurisdiction. Moscow has condemned the court’s accusations as “outrageous” and stressed that its decisions are legally “null and void for Russia.”

While the warrant for Putin was welcomed by Kiev’s Western backers – including the US, despite Washington’s own non-recognition of the court – the Netanyahu case prompted a backlash.

The US imposed sanctions on Khan and four ICC judges, calling the charges politically motivated and warning of further punitive steps.

Shortly after the Israeli warrants were issued, allegations of sexual misconduct against Khan surfaced. Former ICC judge Cuno Tarfusser told Middle East Eye he was “deeply disturbed, even scandalized,” by the proceedings, claiming the investigation appeared “tailored” for Khan. Another former judge warned the process had entered “bandit country” where “anything can happen.”

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The court’s oversight body, the Assembly of States Parties, drew further scrutiny for publicly naming Khan and outsourcing the investigation to the UN’s Office of Internal Oversight Services, even though the ICC’s own mechanism had previously closed two internal probes after the complainant declined to cooperate.

As noted by MEE, the original complaint was made as Khan prepared the Israeli warrants. The allegations re-emerged months later just before the warrants were announced, and escalated in May 2025 as Khan reportedly pursued further charges against Israeli officials.

Le Monde has also reported that British lawyer Andrew Cayley, who led the ICC’s Palestine investigation, had been warned by Dutch intelligence that he was “an enemy of Israel” and later advised by the UK Foreign Office that he could face US sanctions. He subsequently resigned.

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