The International Criminal Court faces a consequential decision as its 125 member states prepare to vote on whether Chief Prosecutor Karim Khan should remain suspended over sexual misconduct allegations he denies.
The case has drawn new attention after a lawyer identified only as Sarah spoke publicly for the first time about her claims against Khan, her former direct supervisor.
Sarah, a Malaysian lawyer who has worked at the ICC since 2017, said the alleged conduct began after she became Khan’s assistant in February 2023. She said the behavior escalated over roughly a year and left her feeling humiliated and fearful for her job, livelihood and Dutch residency status.
She told CNN that the alleged misconduct involved a gradual crossing of emotional and physical boundaries. Sarah said she sometimes froze and felt unable to say no because of the disparity in power between her and the court’s most senior prosecutor.
“There is no way for something to be consensual when you have such a power disparity,” Sarah said in an interview with CNN. “Mr. Khan was not just my boss, he was everyone’s boss.”
Competing Assessments of the Allegations
The claims have been examined through several internal and external processes, producing sharply different assessments. A confidential United Nations oversight report obtained by CNN found a “factual basis” for the allegations after interviews with Sarah, colleagues and other witnesses.
| Review | Reported Finding | Status or Context |
|---|---|---|
| UN oversight office report | Found a “factual basis” for the claims | Based on interviews with the complainant, colleagues and witnesses |
| ICC panel of judicial experts | Found insufficient evidence under the beyond-reasonable-doubt standard | Concluded the factual findings did not establish misconduct or breach of duty |
| Separate internal ICC report | Reportedly found sexual harassment occurred | Findings were reported by The New York Times and have not been publicly released |
The ICC panel of judicial experts concluded in March that there was insufficient evidence to support a misconduct finding under the criminal-style standard of proof it applied. It said the UN watchdog’s factual findings did not establish misconduct or a breach of duty.
Earlier this month, The New York Times reported that another internal ICC report found Khan committed sexual harassment involving a junior staff member. CNN said it could not independently verify that report’s findings because the document has not been publicly released.
Khan Denies All Allegations
Khan has repeatedly denied any sexual relationship or sexual conduct, consensual or nonconsensual, with the complainant. His lead counsel, Sareta Ashraph, said the allegations were serious and had been investigated and subjected to judicial review.
Ashraph said the UN investigation was intended to assemble facts and did not apply a standard of proof comparable to the panel of judges. She argued that the judicial panel’s assessment should carry greater weight in the disciplinary process.
Khan and some supporters have also argued that the allegations are part of an effort to damage his reputation following his pursuit of warrants against Israeli officials over alleged war crimes. The allegations first emerged in 2024, while Sarah has remained employed by the court.
Member States Hold the Next Decision
The court’s oversight body suspended Khan in June while disciplinary proceedings continued. The matter has now been referred to ICC member states, whose representatives are expected to decide on July 24 whether the suspension will stand and whether further disciplinary action is warranted.
The vote will determine the immediate future of Karim Khan at the International Criminal Court while competing findings continue to shape a case that has placed the institution under intense scrutiny.