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Pro-Israel senators call for probe of ICC prosecutor 

Bipartisan group demands investigation into sexual misconduct allegations against Karim Khan and timing of his pursuit of arrests warrants against Netanyahu and Gallant

Michael M. Santiago/Getty Images

Prosecutor of the International Criminal Court Karim Khan speaks during a UN Security Council meeting at the United Nations headquarters.

A bipartisan group of pro-Israel senators is urging the president of the governing body that oversees the International Criminal Court to investigate sexual misconduct allegations against Karim Khan, the chief prosecutor of the ICC, and the timing of his pursuit of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

Six senators — three Democrats and three Republicans — sent a letter on Friday to Päivi Kaukoranta, president of the Assembly of States Parties, seeking answers about what they called “the highly irregular and potentially illegal actions” taken by Khan and detailing their “two grave concerns” about the ICC’s chief prosecutor. 

The first concern was the process Khan used to push for the issuance of the arrest warrants, noting that Khan declined to engage with Israeli officials despite giving a bipartisan group of senators the impression that he intended to do so. The letter pointed to Khan’s “abrupt cancelation” of his May 20 trip to Israel to meet with relevant officials and “his announcement of an application for arrest warrants on that same day,” two decisions that the senators said “have always been perplexing, and stand in stark contrast to the assurances we received from his office that there would be meaningful consultations with Israel, as required by the letter and spirit of the Rome Statute.”

The second matter they raised was the sexual misconduct allegations against Khan and how the timing for the request for the warrants overlaps with when the claims of misconduct were made. Khan is accused of sexually harassing a female colleague for over a year, allegedly trying to coerce her into a sexual relationship and groping her against her will. 

The woman, who was interviewed by the ICC’s independent watchdog after two colleagues she confided in reported the alleged misconduct, declined to file a complaint during that interview. 

In the weeks that followed, an Associated Press report stated that the accuser “decided to go up the chain of command, reaching out to the Assembly of States Parties to the Rome Statute, which oversees the court and has the ultimate say about Khan’s future.” 

The senators’ letter pointed to the AP report, noting that “allegations of sexual harassment and misconduct against Prosecutor Khan emerged earlier this year, around the time he decided not to send his team to meet with Israeli legal representatives and announced a warrant application instead.”

“If the allegations are substantiated, we urge the Assembly to take all necessary steps available under its authority — up to and including holding a vote for his removal — and to consider the implications on the investigations led by Prosecutor Khan. Transparency is of utmost importance regarding the allegations against Prosecutor Khan. We urge the body to take this seriously,” the senators wrote. 

The letter was led by Sen. Lindsey Graham (R-SC) and Sen. Ben Cardin (D-MD), the latter of whom chairs the Senate Foreign Relations Committee. It was also signed by Sens. John Thune (R-SD), Richard Blumenthal (D-CT), Joni Ernst (R-IA) and John Fetterman (D-PA).

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