Prosecutor out of order

Prosecutor out of order | Daily Tribune

Increasing pressure is being applied to International Criminal Court (ICC) Prosecutor Karim Khan, making the trial of former President Rodrigo Duterte an extreme necessity for his self-preservation.

Khan is also after Israel’s Prime Minister Benjamin Netanyahu and Russia’s President Vladimir Putin, but bringing those two powerful leaders under ICC jurisdiction would be an elusive dream.

Duterte, surrendered by political rivals, is Khan’s most potent card in diverting attention away from his disastrous prospects.

United Nations investigators examining allegations of sexual misconduct by the ICC are also looking into alleged retaliation for the accusations.

The sexual misconduct allegations have triggered a multifaceted backlash, eroding the ICC’s credibility, fueling politicization, and exposing internal dysfunction.

The crisis threatens to undermine the court’s mandate at a critical time when it is handling sensitive cases.

Reports of Khan retaliating against ICC staff who raised or supported the probe into the misconduct allegations introduce a “chilling effect” on whistleblowers and witnesses.

Senior ICC staff have expressed concerns about Khan’s handling of the allegations, including his refusal to step aside during the investigation and alleged attempts to suppress the complaints.

Advocacy groups such as the Women’s Initiatives for Gender Justice and the International Federation for Human Rights have warned that Khan’s continued leadership during the investigation adversely affects the ICC’s mandate and could potentially hamper ongoing investigations.

The more recent allegations being examined are that Khan retaliated against ICC insiders who reported allegations of sexual misconduct towards a female lawyer reporting to him or were critical of his handling of the matter.

Khan had allegedly demoted at least four staff members in his office as an offshoot of the investigations into him.

Even before the allegations of inappropriate behavior against Khan, the ICC has been saddled with an internal crisis.

A 2020 external review highlighted a toxic workplace culture at the ICC, with issues like predatory behavior by male bosses and inadequate mechanisms for handling complaints.

The current allegations against Khan reinforce these criticisms, suggesting that deficiencies within the institution remain unaddressed.

Aside from the order on Duterte, 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 court member, denying the accusations and rejecting ICC jurisdiction.

The ICC’s investigation into Israel’s conduct led the US to impose sanctions on Khan, which the ICC president said have put the court itself at risk.

Khan has not yet been questioned for the misconduct inquiry, which is being conducted by the UN’s Office of Internal Oversight Services (OIOS). Preserving his reputation, smeared by the scandal, has become paramount to Khan.

The allegations against him, which include unwanted sexual touching, coercive behavior, and abuse of authority, strike at the heart of the ICC’s moral authority.

As a tribunal tasked with prosecuting heinous international crimes, the ICC relies on its reputation for integrity and impartiality.

Allegations of misconduct by one of its officials undermine public trust in the institution, mainly when the accusations involve behavior antithetical to the court’s principles of justice and accountability.

The allegations of misdeeds are expected to catch up with Khan, making it impossible for him to perform his duties in an organization where integrity is paramount.

Khan must step down and clear his name by squarely facing the charges brought against him.

Otherwise, he carries the liability of lacking the moral high ground to prosecute ICC detainees like Duterte, who is being exploited as a trophy in winning back recognition for the irrelevant tribunal.