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The prosecutor of the international court who prosecuted Netanyahu was accused of sexual harassment

The prosecutor of the international court who prosecuted Netanyahu was accused of sexual harassment

But the case may not be over.

Although the woman declined to comment to The Associated Press, people close to her say her initial reluctance was based on a lack of trust in the internal watchdog and she asked the member-state body that oversees the ICC to open an external investigation. An ICC official familiar with the matter who spoke to the AP on condition of anonymity confirmed that the request was still under review.

The efforts were applauded by loved ones of the woman, who still works at the courthouse.

“It wasn’t a one-time gesture or a hug that could be misinterpreted,” one person told the AP, speaking on condition of anonymity to conceal the woman’s identity. “It was a complete, repeated pattern of conduct that continued over a long period of time.”

While the court’s watchdog was unable to determine whether any impropriety had occurred, the memo nevertheless urged Khan to minimize contact with the woman to protect the rights of all those involved and the integrity of the court.

Within a few days of the supervisory authority postponing the case, the court’s work continued. On May 20, Khan sought arrest warrants for Netanyahu, his defense minister and three Hamas leaders on war crimes charges. A three-judge panel is now considering the request.

US President Joe Biden’s administration said it was caught off guard by the move, with the president calling the accusation “outrageous” for suggesting an equivalence between Israel and Hamas.

In announcing the charges, Khan suggested that outside forces were waging a campaign to derail his investigation.

“I urge you to immediately stop any attempt to obstruct, intimidate or unduly influence officials of this court,” Khan said, adding that he would not hesitate to use his authority to investigate anyone suspected of obstructing justice.

The AP gathered details of the accusation based on whistleblower documents shared with the court’s independent watchdog and interviews with eight ICC officials and people close to the woman. All spoke on condition of anonymity due to the sensitive nature of the allegations or fear of retaliation.

Among the allegations presented to the AP is that Khan spotted a woman working in another ICC department and transferred her to his office, which came with a raise. Their time together allegedly extended after a private dinner in London, during which Khan took a woman’s hand and complained about his marriage. She became present on official trips and meetings with dignitaries.

The documents show that during one such trip, Khan allegedly asked the woman to rest with him on a hotel bed and then “sexually touched her.” He later came to her room at 3 a.m. and knocked on the door for 10 minutes.

Other allegedly illegal behavior cited in the documents included closing her office door and putting his hand in her pocket. He also persuaded her several times to go on holiday together.

Returning to ICC headquarters after one trip, she tearfully complained to two colleagues about Khan’s behavior and the anguish she felt at not standing up to a boss she once admired.

Colleagues were shocked because Khan had always behaved in an exemplary manner towards women and openly opposed gender-based crimes. They also compared the accusations against the backdrop of widely publicized attempts by intelligence agents from Israel and other countries to get into court, creating a work environment plagued by intrigue and distrust.

However, in the wake of the #MeToo movement, no powerful figure is beyond scrutiny, and colleagues have complied with court workplace guidelines that encourage reporting of misconduct by senior officials.

After months of inaction and whispered rumors about the brewing scandal, an anonymous X platform account called @ICC_Leaks began revealing some of the allegations last week.

Israel’s allies in the U.S. Congress also seized on the potential scandal. Sen. Lindsey Graham is seeking data on whether allegations of misconduct played any role in Khan’s decision in May to cancel a planned aide-de-camp visit to Israel and pursue further investigation into war crimes allegations.

“Another cloud – a moral one – hangs over Attorney Khan’s sudden decision to abandon relations with Israel and file for an arrest warrant,” the South Carolina Republican wrote in a letter to the court’s watchdog.

Khan, who is 54 and married with two children, said in a statement that there was “no truth” in the allegations and that during 30 years of scandal-free investigative work he had always sided with victims of sexual harassment and abuse.

Khan added that he would be willing to cooperate with any investigation if asked, saying it was critical that any allegations “are thoroughly heard, investigated and given due process.”

Without naming any individual directly, he noted that he and the court had been the target of “a wide range of attacks and threats” in recent months, with some also targeting his wife and family. Khan’s office declined to provide details because an investigation into the incidents is ongoing.

A growing list of enemies

Under Khan, the ICC has become more assertive in combating crimes against humanity, war crimes and related atrocities. Along the way, he added to his growing list of enemies.

Last September, after opening an investigation into Russian atrocities in Ukraine, the court was hit by a devastating cyberattack that left staff unable to work for weeks. She also hired an intern who was later accused in the US of being a Russian spy.

Israel has also been conducting its own influence campaign since the ICC recognized Palestine as a member and in 2015 opened a preliminary investigation into what the court described as “the situation in the State of Palestine.”

London newspaper The Guardian and several Israeli news outlets reported this summer that Israeli intelligence agencies have allegedly targeted senior ICC staff over the past decade, including surveilling Khan’s predecessor and showing up at her home with envelopes stuffed with cash to discredit her.

Netanyahu himself, in the days before Khan announced the war crimes charges, called on the world’s democracies to “use all means at their disposal” to prevent the Court from unleashing what he called an “outrage of historic proportions.”

The Israeli Ministry of Foreign Affairs referred AP’s inquiries on the matter to the Prime Minister’s Office, which did not respond. The U.S. State Department declined to discuss the issue, but said in a statement that it “takes all allegations of sexual harassment seriously and we expect the court to do the same.”

The Dutch Ministry of Foreign Affairs and several Dutch legislators have called for an investigation into whether the Israeli embassy conducted covert activities against the ICC.

Khan, a British international lawyer, has a long history of defending some of the world’s most ruthless strongmen – including former Liberian president Charles Taylor and the son of the late Libyan dictator Moammar Gaddafi – before being elected prosecutor in a secret ballot in 2021.

The Rome Statute establishing the tribunal came into force in 2002 and required prosecutions for war crimes, crimes against humanity and genocide – but only if national courts did not initiate their own investigations. Neither the United States, Israel nor Russia are among the 124 member countries that recognize the Court’s authority, although their citizens can be charged with crimes committed in ICC member countries.

Still, Washington welcomed Khan’s election, especially after he chose to “deprioritize” an investigation launched by his predecessor into abuses by US military personnel in Afghanistan.

Khan also broadened the court’s focus, bringing charges against non-Africans for the first time. He accused Russian President Vladimir Putin of kidnapping children in Ukraine and launched an investigation into Venezuelan President Nicolás Maduro for suppressing protests.

“He is by far the most professional lawyer the court has had in its short history,” said Kenneth Roth, founder and former executive director of Human Rights Watch. “He is articulate, has good media skills and has extensive courtroom experience working to the highest evidentiary standards.”

However, Khan’s reputation in the US was ruined when he announced that he was demanding the arrest of Netanyahu and the Israeli defense minister for war crimes, including the starvation of civilians.

To protect himself from attacks stemming from his anti-Israel bias, Khan, a practicing Muslim whose father emigrated to the UK from Pakistan, shared the evidence with a panel of experts including British human rights lawyer Amal Clooney, wife of actor George Clooney .

‘Extreme fear’ when reporting misconduct

While the 900-strong ICC has long had a zero-tolerance policy towards sexual harassment, an external review of the court’s internal workings in 2020 found unacceptable levels of aggressive behavior by male bosses, a lack of women in senior positions, and inadequate grievance and protection mechanisms whistleblowers.

“There is a general reluctance, if not extreme fear, among many employees to report any alleged acts of misconduct or inappropriate behavior” by a senior official, review he stated. “Everyone is believed to be immune.”

Although ICC policies have been updated since the report’s publication, there is no explicit prohibition against romantic relationships, as is the case in many American workplaces. And while elected officials like Khan are expected to be of “high moral character,” there is no definition of “serious misconduct” that would justify removal.

“International organizations like the ICC are some of the last places where men in power treat them as their playground,” said Sarah Martin, a gender equality expert who has consulted with several U.N. agencies. “There are so many complaints that are not even investigated because there is a belief that senior officials are protecting each other.”

People close to Khan’s accuser say investigators from the court’s watchdog – known as the Independent Oversight Mechanism – showed up for an interview at her home on Sunday and asked for intimate details about her relationship with Khan as the child listened. Without any emotional support and with the process in mind, she decided not to file a complaint at this time.

Within weeks, she decided to move up the hierarchy and approached the Assembly of States Parties to the Rome Statute, which oversees the court and has the final say on Khan’s future.

Paivi Kaukoranta, a Finnish diplomat currently serving as the body’s president, did not comment specifically when asked whether he had launched a new investigation.

But in a statement it asked people to respect the fairness and confidentiality of the process, “including any further possible steps, if necessary.”