Former judge criticizes ICC in ‘bandit country’ over sex case
(MENAFN) Four former judges have raised serious concerns about the International Criminal Court’s (ICC) handling of a sexual misconduct investigation into chief prosecutor Karim Khan, with one describing the institution as venturing into “bandit country” due to alleged procedural and timing irregularities.
The controversy emerged shortly after Khan announced in May 2024 that he was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of crimes against humanity. Khan had earlier issued a warrant for Russian President Vladimir Putin over alleged deportations of Ukrainian children — a move strongly condemned by Moscow, which, like Israel, does not recognize the ICC’s authority.
While the arrest warrant for Putin was welcomed by Western nations supporting Ukraine, the case against Israeli leaders sparked backlash, especially from the United States. Washington, which also does not accept the ICC’s jurisdiction, responded by sanctioning Khan and four ICC judges, accusing them of acting on political motives and threatening further action.
The sexual misconduct allegations against Khan surfaced soon after the Israeli warrants were made public. Former ICC judge Cuno Tarfusser told Middle East Eye he was “scandalized” by how the investigation was handled, suggesting it had been “tailored” specifically for Khan. Another former judge criticized the ICC's approach as dangerously unprincipled.
The court’s Assembly of States Parties came under fire for publicly identifying Khan and transferring the investigation to the UN’s Office of Internal Oversight Services, even though the ICC’s internal mechanisms had already closed two earlier probes due to lack of cooperation from the complainant.
Media reports pointed out that the original complaint was filed around the time Khan began working on the Israeli case. It resurfaced just before the warrants were issued and intensified again in May 2025, as Khan was reportedly preparing more charges against Israeli officials.
Meanwhile, Le Monde reported that Andrew Cayley, the British lawyer leading the ICC’s investigation into Palestine, was warned by Dutch intelligence that he was considered an “enemy of Israel.” He was also advised by the UK Foreign Office of possible US sanctions and later resigned.
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