THE HAGUE, Netherlands — Three judges have determined that the chief prosecutor of the International Criminal Court may return to his position after finding that a United Nations probe into sexual misconduct allegations was inconclusive, according to documents obtained by The Associated Press.
The ultimate decision regarding British attorney Karim Khan’s future now rests with the Assembly of States Parties, which oversees the court. On Wednesday, this governing body voted to continue their investigation while dealing with an unprecedented situation that has created turmoil among court personnel and external political pressure.
Khan voluntarily stepped aside in May 2025 while awaiting results from a U.N. Office of Internal Oversight Service probe into sexual misconduct claims, which he has consistently rejected.
The United Nations inquiry concluded there was evidence that Khan engaged in “nonconsensual sexual contact with (the aide) in his office, at his private residence, and whilst on mission,” according to their report.
Through his legal team on Wednesday, Khan told AP that he “firmly maintains that he did not engage in any inappropriate conduct toward the complainant, whether sexual or otherwise.”
His attorneys further stated that Khan “categorially denies both any nonconsensual sexual conduct and the existence of any consensual sexual relationship.”
The ICC has refused to provide comment on the matter.
The judicial panel, chosen by the assembly to conduct a legal review of the UN probe, determined last month that the investigation lacked sufficient conclusive evidence. However, the judges indicated they were obligated to reach a decision, concluding that the findings “do not establish misconduct or breach of duty under the relevant legal framework,” according to their 85-page evaluation.
“The resolution of a number of disputes, which remains outstanding, would be necessary before a proper characterisation of the facts can be made,” the judges stated after examining over 5,000 pages of documentation.
The judicial panel criticized the UN investigators for failing to “indicate which witnesses’ testimony they found credible” and noted they “did not resolve narrative inconsistencies.”
The United Nations team was responsible for conducting the investigation but not for determining whether Khan’s actions constituted misconduct. The three-judge panel was required to apply the criminal standard of “beyond a reasonable doubt,” and their recommendation is non-binding on the assembly.
This situation marks uncharted territory for the ICC, forcing the Assembly of States Parties to continuously develop new procedures to handle the circumstances.
Khan’s legal representatives emphasized Thursday that the judicial panel unanimously concluded the UN investigation failed to establish any wrongdoing or violation of duties. They also highlighted that the UN probe did not reach a final misconduct determination and that their findings needed legal interpretation.
In October 2024, an Associated Press investigation disclosed that Khan was confronting internal sexual misconduct accusations.
Whistleblower documentation reviewed by AP alleged that Khan spotted the woman working in a different ICC division and transferred her to his office. She subsequently became a frequent companion on official travel, the records indicated.
During one overseas trip, Khan allegedly requested she lie down with him on a hotel bed before “sexually touching her,” according to the documents. Later that evening, he reportedly came to her room at 3 a.m. and knocked persistently for 10 minutes.
Additional alleged inappropriate behavior described in the documents included securing his office door and placing his hand in her pocket. He also reportedly made multiple requests for her to join him on vacation.
Two colleagues reported the alleged misconduct to the court’s oversight body in May 2024. The inquiry was terminated after five days when the woman decided against filing an official complaint due to concerns about potential retaliation, AP previously reported.
The situation has significantly impacted the woman at the center of the allegations. The UN investigation noted that she was placed under suicide watch at one point.
“I have been left with little dignity and no privacy,” she stated in an interview. The Associated Press typically does not identify individuals who report sexual misconduct.
A group of employees from the prosecutor’s office sent a letter Wednesday to the Assembly of States Parties, voicing serious concerns about Khan’s possible return.
The document, reviewed by AP, stated the group believed the UN investigation was “incompatible with continued confidence in the prosecutor’s leadership.”
One senior employee indicated “people are deeply afraid” of potential retaliation, while three other prosecutor’s office staff members shared similar sentiments. All requested anonymity as they lacked authorization to speak with media.
The UN investigators’ report stated that before taking leave, Khan was accused of engaging in “retaliatory in nature” behavior toward two staff members who supported the alleged victim.
The original investigation occurred shortly before Khan requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu regarding actions in Gaza. In November 2024, a three-judge panel approved those charges.
Subsequently, U.S. President Donald Trump imposed sanctions on 11 ICC personnel, including Khan, for pursuing these investigations. Court officials and prosecutors had their banking privileges revoked and U.S. visas canceled.
These sanctions have severely affected the court’s operations and employee morale.
