Second woman accuses ICC chief prosecutor Karim Khan of sexual misconduct

The Guardian has learned that a second woman has presented her case to an inquiry regarding sexual abuse allegations against Karim Khan, the chief prosecutor of the International Criminal Court (ICC).

The woman has claimed that Khan, her former employer and a well-known British lawyer, engaged in inappropriate behaviour, making unwanted sexual advances, misusing his authority over her, and persistently pressuring her into sexual activity.

Khan, who denies any form of sexual misconduct, has temporarily stepped aside from his role as the head of the ICC’s prosecution division while awaiting the outcome of the inquiry related to separate abuse allegations by an ICC staff member.

The UN-led inquiry, initiated last year, received these new allegations from the second woman over the summer. Investigators are believed to have conducted several interviews to investigate her claims, which date back to 2009.

At that time, the woman was in her 20s and working as an unpaid intern for Khan, a prominent defence lawyer at the ICC and other war crimes tribunals in The Hague, notably representing former Liberian president Charles Taylor.

In an exclusive statement to the Guardian, the woman described Khan’s behaviour as a continuous series of unwanted advances, abusing his influence and power over her. “He shouldn’t have been doing it,” she said, “He was my employer.”

Choosing to remain anonymous due to fear of retaliation and potential negative consequences for herself and her family, she came forward after reading about the allegations against Khan by an ICC staff member.

Her account shares several similarities with the staff member’s allegations, which include being summoned to work at Khan’s home, where he allegedly sat next to them on the couch, touched them, kissed them, and tried to coax them into lying down with him.

Khan’s lawyers did not address specific allegations from either woman but stated, “It is wholly untrue that he has engaged in sexual misconduct of any kind.”

They asserted that Khan “categorically denies” harassment, mistreatment, or misuse of position or authority, or any conduct that could be considered coercive, exploitative, or professionally inappropriate.

They claimed that Khan provided detailed evidence to the inquiry, contradicting the allegations, and demonstrating that these claims are patently false in several significant aspects.

Elected in 2021 for a nine-year term as the ICC’s chief prosecutor, Khan, 55, has become the public face of a permanent court meant to prosecute individuals accused of serious offences.

Since taking office, Khan has raised the court’s profile and attracted scrutiny by major powers through issuing arrest warrants for figures like Russia’s Vladimir Putin and Israel’s Benjamin Netanyahu.

His tenure faced upheaval last year following public disclosure of allegations by the ICC staff member, a lawyer in her 30s who worked closely with him, citing misconduct over an extended period from 2023 to 2024.

Khan and his representatives have suggested the allegations were part of a campaign by hostile actors aiming to discredit him in response to actions he took against Netanyahu and former Israeli defense minister Yoav Gallant.

The Guardian understands that while pro-Israeli figures may have attempted to leak information about the complaint, there is no evidence to support that either woman’s allegations were part of an orchestrated plot against the prosecutor.

Once the UN investigation is concluded, its findings will be reviewed by a panel of judicial experts advising the ICC’s governing body on whether to take action against Khan.

Should Khan be found guilty of “serious misconduct” or breaching his duties, a secret ballot vote among the ICC’s 125 member states could remove him from office.

‘Confused and Humiliated’

In the wake of sexual abuse allegations affecting the ICC, Khan released a statement last year emphasizing his clean record over 30 years without any such complaints.

“Patricia” (not her real name) expressed her dismay upon seeing the accusations and Khan’s statement, recalling how she felt unable to lodge a formal complaint during her earlier internship.

She recollected viewing her internship as an “exciting and meaningful” opportunity to work with a highly connected and respected figure like Khan, someone who could open doors for her.

However, she lamented that working for Khan came with unwanted costs, deeply disturbing and distressing her long after the internship ended.

An early incident at the court’s offices involved, according to Patricia, Khan “groping” her breasts in an inappropriate and prolonged manner without her consent.

“It wasn’t like ‘oops, I brushed the back of my hand against you, I’m sorry,’” she recounted. “He was too close.”

The incident left her “confused and humiliated,” yet she was compelled to work closely with Khan on a case, during which he requested her presence at his home for work six times.

Within his apartment, she had to manage his advances while attempting to perform her work duties. “I tried to stay in his good graces and get the work experience without sleeping with him,” she said.

This, she said, was challenging, as she described her experiences at Khan’s house as a “constant onslaught” of attention, with him routinely sitting close, touching, kissing, and persuading her to sleep with him during each visit.

At the time, Patricia felt “trapped,” having to cover her internship costs while desperately needing a favorable reference letter from Khan, leaving her with no choice but to “persevere or leave.”

“It felt critical to complete the experience,” she stated. “I remember walking to his house, feeling the need to amp myself up and fortify myself.”

She resisted Khan’s requests for sex with excuses not to anger him. Despite feeling “miserable” and depressed during her time with Khan, she persevered, ultimately receiving a glowing recommendation she viewed as a “deal with the devil.”

Although Patricia briefly maintained contact for professional reasons, she grew aware of Khan’s impact on her over time.

Eventually, she stopped responding to Khan’s sporadic messages, including a 2019 note where he reminisced about her, thanking her for her “good company” and “being a very good friend to me.”

Her response was clear: she wished not to hear from him anymore, and since conveying that, Khan hasn’t contacted her.

ICC Staffer: ‘Ceaseless’ Advances

Upon reading the ICC staffer’s allegations against Khan, Patricia contacted the Guardian, disturbed by the possibility of similar patterns continuing over the years.

This summer, she provided formal testimony to the UN’s Office of Internal Oversight Services (OIOS) investigating the staffer’s allegations. Familiar with the inquiry, a source said that OIOS had reviewed Patricia’s material and conducted interviews with people close to her. An OIOS spokesperson declined to comment on its investigation activities.

Over the past nine months, the inquiry delved into the accusations of coercive sexual behavior and abuse of authority alleged by the ICC staffer. She claims instances of unwanted sexual conduct occurred during work trips in hotel rooms, at Khan’s ICC office, and at his home.

Currently, new information has come to light involving the staffer’s allegations, with sources detailing multiple alleged instances of abuse at Khan’s home when summoned there for work.

The staffer alleged that on many occasions, Khan brought her to his living room couch, where he touched her inappropriately and attempted to coerce her into sexual acts, which she tried to avoid while seeking excuses to leave.

Describing his advances as “ceaseless,” her report indicated his persistent attempts to kiss her as she moved away, asking, “kiss me, kiss me.”

Khan’s Position

Khan’s law firm, Carter-Ruck, defended his unblemished record against the allegations, stating his full cooperation with the ongoing inquiry while expressing concern over due process prospects.

The firm claimed Khan was targeted in a concerted effort to discredit his personal reputation, following arrest warrants issued for Netanyahu and Gallant.

Last year, the Guardian, along with +972 Magazine and Local Call, exposed Israel’s intelligence operations against the ICC, including a Mossad campaign to target Khan’s predecessor. Given this context, Khan and his associates have suggested in private circles and to journalists that Israeli intelligence orchestrates this campaign against him.

Publications such as Middle East Eye (MEE) and Le Monde have reported on pressures Khan supposedly faces. An MEE article suggested the ongoing investigation was “derailed by threats, leaks, and sex claims,” questioning the staffer’s allegations.

Despite Khan’s initial suspicion, five ICC sources suggested that the abuse claims were unlikely part of an intelligence operation. One source noted pro-Israeli interests “may have exploited the story but didn’t create it.”

The ICC staffer remained particularly distressed by suggestions of her involvement in a pro-Israeli plot, acquaintances stated, emphasizing her Muslim identity and support for the prosecution’s investigation into Israeli officials’ actions in Gaza.