Exclusive-ICC prosecutor Khan accused of retaliation for sexual misconduct allegation, sources say

By Stephanie van den Berg and Anthony Deutsch

THE HAGUE (Reuters) - U.N. investigators examining allegations of sexual misconduct by International Criminal Court Chief Prosecutor Karim Khan are also looking into alleged retaliation for the accusations, five sources briefed on the matter have told Reuters.

The allegations being examined are that Khan retaliated against staff who reported allegations of sexual misconduct towards a female lawyer reporting to him or were critical of his handling of the matter, said three sources with direct knowledge of the U.N. investigation.

The five sources, all of whom asked not to be named due to concerns of reprisals, said Khan, who is British, had demoted at least four staff in his office.

In a written statement, Khan's attorneys rejected all allegations of wrongdoing and said he "looks forward to cooperating fully and transparently with the external investigation". 

"We refer you to what our client has said previously in this regard, including his firm denials. You will appreciate that our client cannot be expected to provide a running commentary on these matters," law firm Carter-Ruck said.

"He has not engaged in sexual misconduct of any kind and nor, to be clear, has he engaged in any 'retaliatory behaviour' as alleged."

Carter-Ruck did not comment on whether the U.N. probe included examining allegations of retaliatory conduct.

Khan has vowed to continue working while cooperating with the inquiry, and said that the original allegations, made last October, coincided with a campaign of misinformation against his office.

ICC prosecutors are investigating several high-profile figures including Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin.

The court has issued an arrest warrant for Putin on suspicion of deporting children from Ukraine, and for Netanyahu for alleged war crimes in Gaza. Neither country is a member of the court and both deny the accusations and reject ICC jurisdiction.

The ICC's investigation into Israel's conduct led the U.S. to impose sanctions on Khan, which the ICC president says have put the court itself at risk.

Khan has not yet been questioned for the inquiry, which is being conducted by the U.N.'s Office of Internal Oversight Services (OIOS), the sources said.

The ICC and an OIOS official declined to comment on the inquiry into Khan.

The court's governing body, which commissioned the U.N. inquiry, declined to comment on its scope, saying that further information could only be shared once the investigation was finished.

The ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression in member states or by their nationals. Its 125 members include all European Union countries, Japan, Britain, Canada and Brazil, but not the United States, China or Russia.

(Reporting by Anthony Deutsch and Stephanie van den Berg; Editing by Kevin Liffey)