When Karim Khan staged a surprise rearguard action to land the most powerful job in international law in February 2021, his appointment as prosecutor at International Criminal Court (ICC) was hailed as the culmination of an already stellar career.

Three years later, Khan, 54, begins the legal fight of his life, not as a prosecutor in a case involving a notorious warlord accused of crimes against humanity or war crimes, but against allegations of sexual misconduct – which he vehemently denies – which could sink that career.

Initially absent from the shortlist of candidates for the top ICC job, Khan was controversially added in the latter stages of the competition, and in his typically persuasive job application he wrote: “There should be no better place in the world than this for a hired lawyer. international justice.”

The allegations of misconduct, which have been an open secret within the ICC for several months, were finally publicly acknowledged last Monday by the Assembly of States Parties (ASP), the governing body of signatories to the Rome Statute that established the Court in 2002 .

In a statement, the ASP presidentPӓivi Kaukoranta – Finland’s former ambassador to the Netherlands – said the allegations against Khan would be examined externally, rather than by the ICC’s own Independent Oversight Mechanism (IOM), which would normally conduct such an investigation .

Kaukoranta said that while the parties involved have been informed of the external investigation, the “practical modalities” are still being finalized, including who will conduct it. However, the IOM had been withdrawn from this responsibility.

Stressing that the ICC had a “zero tolerance policy” towards conduct such as sexual harassment, abuse of authority or discrimination, she said the aim of the investigation was “to ensure a completely independent, impartial and fair trial”.

In fact, the IOM’s annual report, released last month, revealed for the first time that the allegation was reported through the mechanism’s own procedures in early May.

( What would a Trump or Harris presidency mean for the International Criminal Court?Opens in a new window )

“The alleged affected individual refused to file a formal complaint with IOM, including when it was suggested that any investigation could be referred to an external entity,” the annual report said.

It also said the person involved “refused to explicitly confirm or deny to IOM the factual basis of what had previously been reported by a third party.”

This reluctance of the alleged victim to engage in an investigation has now changed.

In response to the ASP’s confirmation of the external investigation, Khan – a former UN deputy secretary-general – said he welcomed the opportunity to engage in the process and would cooperate fully with it.

Known in his profession for speaking out against gender-based crimes and gender discrimination, he noted that he himself called for an investigation into the claims when they arose.

Earlier, lawyers on his behalf also denied the allegations and specifically pointed to how the ICC’s “internal” affairs first appeared in the media.

“Our client denies all allegations against him. We are most concerned that the exposure of a confidential and closed internal matter is intended to undermine his continued high-profile work at a sensitive time.”

Conformable The Guardianthe allegations include claims of “unwanted sexual touch and ‘abuse’ over an extended period” as well as “coercive behavior and abuse of authority”.

The ICC has come under intense international scrutiny since Mr Khan asked judges last May for arrest warrants for Israeli Prime Minister Binyamin Netanyahu and former Defense Minister Yoav Gallant – as well as three senior Hamas officials, all of whom were killed by Israel after October 7 . violence.

The three-judge panel’s decision on the warrants is still awaited — with no indication of when it might come.

Khan indicated last month that he was more alert than usual to possible external threats, noting that the sexual misconduct allegations came “at a time when I and the International Criminal Court are under a wide range of attacks and threats.”

( ICC prosecutor again seeks arrest warrants for Binyamin Netanyahu and Hamas chief Yahya SinwarOpens in a new window )

However, the sexual misconduct allegations are understood to predate the prosecutor’s application for those arrest warrants, filed on May 20, by several weeks.

While some of Khan’s senior staff are understood to have advised him to take leave pending the investigation, he has taken the decision to remain in his post while avoiding any involvement in the handling of the misconduct investigation.

In response to the ASP’s statement, he said he would continue to oversee the court’s investigations, including those arising from the Israel-Gaza conflict, while his two deputy prosecutors would handle any matters related to the sexual misconduct allegations.

“At my request, a coordination group led by deputy prosecutors, acting independently and not reporting to me, has already taken responsibility for addressing all relevant issues related to this matter internally within the office.”

He added: “I will continue all other duties as a prosecutor in accordance with my mandate.”