As civil society organizations committed to feminist leadership, intersectional justice, and accountability for gender-based international crimes through the International Criminal Court (ICC), Women’s Initiatives for Gender Justice and the International Federation for Human Rights (FIDH) are deeply concerned about the allegations of misconduct against ICC Prosecutor Karim Khan. These allegations, and the external investigation they have prompted, highlight deeper issues within the Court’s workplace culture and expose structural deficiencies that urgently require attention and reform.

Firstly, we call for an impartial, independent and comprehensive external investigation into the allegations. Secondly, we call for the temporary discontinuation of the Prosecutor’s duties, effective immediately and until the external investigation has concluded. Thirdly, we advocate for a feminist leadership approach to accountability – one that prioritizes processes and measures to prevent further harm, recognizes structural oppression and global power hierarchies, and commits to transforming harmful workplace cultures.

Recommendations on the external investigation pursued

Vetting
We stress the importance of thoroughly vetting the chosen investigative body, firm, or institution to ensure it is free from conflicts of interest and possesses demonstrated expertise. This process is essential to uphold the legitimacy, transparency, and independence of the investigation. This will guarantee that the investigative team is both qualified and impartial, enabling it to handle such serious allegations with the professionalism, sensitivity, and rigor required.

Impartial, independent and comprehensive
The external inquiry must be equipped to impartially, independently and comprehensively investigate any alleged misconduct. We believe it is of utmost importance for any related allegations (including for example, alleged pressure exerted over the victim or breaches of Independent Oversight Mechanism (IOM) confidentiality) to be treated as part of the same inquiry to ensure an effective and comprehensive investigation into related conduct. Given independence and trust concerns in relation to the IOM, we recommend against involving the IOM in handling or processing any related complaint.

We understand that the United Nations Office of Internal Oversight Services (OIOS) may be selected as the body to carry out the external investigation. There are concerns about the selection of this investigative body, including publicly raised concerns regarding the alleged close relationship between the ICC Prosecutor and OIOS. We strongly recommend ensuring that these concerns are openly and transparently addressed before assigning the mandate to the OIOS.

Expedient and transparent
As a matter of public interest, we ask that the selection process, scope and resource allocation to this external investigative entity be fully transparent and expedient. Cognizant of the Court’s considerable workload, an expedient process is essential to minimize prolonged distress for all parties involved and to maintain the integrity of the institution. Transparency is critical to build trust in the investigation process and ensure that it is accessible to scrutiny by relevant stakeholders. An open approach will uphold the principles of fairness and accountability and reinforce confidence that the process is being conducted with integrity. This will also ensure that the rights of all parties are respected and that justice is both done and seen to be done.

Resources
The investigation should be well-funded, enabling it to proceed without constraints that could compromise its scope or thoroughness. Resources must be proportionate to the type of alleged misconduct, which include physical and psychological harassment of a sexual nature by an elected official, and the complexities that come with a highly politicized environment. Moreover, the investigative body should be equipped to operate in a safe and confidential manner, including with respect to the secure handling and storing of sensitive data.

Protection measures and adequate support
The safety and well-being of ICC staff members involved must be fully safeguarded. This includes providing robust support mechanisms, not only in the immediate term but also with a commitment to mid- and long-term assistance as necessary. In particular, the identity of complainants, witnesses and victims must be concealed and those experiencing distress as a result of the incidents or investigation should be offered psychosocial support.

All those involved as complainants or witnesses must be protected against any form of retaliation and preventive protection measures should be put in place (for example: ensuring separation and lack of contacts between witnesses/complainant and those under investigation; considering granting long-term leave until this matter is resolved).

Fairness
Due process rights must be rigorously upheld for all persons involved in the investigation. Those under investigation should receive full protections, including written notification of the allegations, access to all documentary evidence related to the alleged misconduct, information on obtaining counsel, and a fair opportunity to respond to the allegations. Those investigated must be afforded due process defense rights, including presumption of innocence.

While the external investigation is ongoing, we recommend that any representative of the ICC, the IOM or anyone directly as well as indirectly related to the matter be instructed not to comment (publicly or privately) on the incidents or the inquiry.

Temporary suspension
We call for the immediate temporary discontinuation of the Prosecutor’s duties until the external investigation has concluded. This measure is necessary to protect the integrity of the Court and complies with Rule 28 of the Rules of Procedure and Evidence as well as aligns with Rule 110.5 (a) on “suspension during disciplinary proceedings” of the Staff Rules of the International Criminal Court and the Administrative Instruction on Investigations of Unsatisfactory Conduct and the Administrative Instruction on Addressing Discrimination, Harassment, Including Sexual Harassment, and Abuse of Authority.

This approach would enable the investigation to proceed unhindered, strengthening trust in the process and underscoring a commitment to accountability and impartiality. It would allow the Office of the Prosecutor (OTP) to continue its essential work without distraction, restoring a sense of calm and focus within the organization. Aligning with the established rules applicable to all staff reinforces the principle that no double standard applies or seems to be applicable in cases of alleged misconduct.

We express concern that the Prosecutor’s continued performance of his duties, despite the gravity and seriousness of the alleged misconduct, is adversely affecting the Court’s ability to fulfill its mandate. The situation is impacting the well-being of its staff, particularly within the OTP, and enables damaging narratives conflating these allegations with external threats, diverting the attention from genuine accountability and the alleged harm experienced.

Feminist leadership approach
To move beyond harmful workplace cultures, we encourage committing to feminist accountability through regular and intentional critical reflection, which would prioritize processes and measures designed to avoid perpetrating further harm. This approach emphasizes proactive and collaborative engagement with accountability pathways, recognizing their importance in addressing allegations of serious misconduct. While it upholds due process and the presumption of innocence from a fairness perspective, it also understands overly emphatic public declarations of innocence as potential tactics to avoid accountability. A feminist leadership approach to accountability is cognizant that every environment exists within global hierarchies and structural oppression, based on the understanding that discrimination, oppression and violence do not occur in a vacuum but are perpetrated by some and enabled by others in the very same environment.

This practice allows us to identify and challenge underlying biases and create environments where accountability becomes an integral part of collective values, particularly in contexts prioritizing the response to sexual and gender-based crimes as well as crimes against and affecting children.

We remain committed to monitoring reports about the workplace culture and underlying structural deficiencies at the Court from a feminist leadership perspective. We believe that there is an institutional need for accountability and structural transformation and we will respectively continue to offer recommendations to the ASP and the Court in this regard.

Women’s Initiatives for Gender Justice
International Federation for Human Rights (FIDH)

 

Footnotes

[1] The Guardian, ICC prosecutor’s UN ties ‘may jeopardise integrity of sexual misconduct inquiry’, 16 November 2024 https://www.theguardian.com/law/2024/nov/16/icc-prosecutors-un-ties-may-jeopardise-integrity-of-sexual-misconduct-inquiry.
[2] Rule 28 RPE: “Suspension from duty. Where an allegation against a person who is the subject of a complaint is of a sufficiently serious nature, the person may be suspended from duty pending the final decision of the competent organ.” https://www.icc-cpi.int/sites/default/files/Publications/Rules-of-Procedure-and-Evidence.pdf
[3] Staff Rules of the International Criminal Court (As amended, entered into force on 27 July 2015, see ICC/AI/2015/004/Cor.1), https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/56F9B14B-B682-4D9C-8762-A25B944FA214/140109/270715AmmedSREng.pdf, p.66
[4] Staff Rules of the International Criminal Court (As amended, entered into force on 27 July 2015, see ICC/AI/2015/004/Cor.1), https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/56F9B14B-B682-4D9C-8762-A25B944FA214/140109/270715AmmedSREng.pdf, p. 66.
[5] Administrative Instruction – Instruction Administrative Ref. ICC/AI/2022/003, Addressing Discrimination, Harassment, Including Sexual Harrassment, And Abuse of Authority https://www.icc-cpi.int/sites/default/files/2022-05/ICC-AI-2022-003%20%28ENG%29%20-%20ADDRESSING%20DISCRIMINATION%2C%20HARASSMENT%2C%20INCLUDING%20SEXUAL%20HARASSMENT%2C%20AND%20ABUSE%20OF%20AUTHORITY.pdf