The International Criminal Court's chief prosecutor, Karim Khan KC, is the subject of a second misconduct investigation over allegations that he held inappropriate discussions with a judge in an earlier war crimes case, The Mail on Sunday reported.
The inquiry, being conducted by the court's Independent Oversight Mechanism (IOM), centers on Khan's handling of the case against Maxime Mokom, a former Anti-Balaka militia leader from the Central African Republic. Sources told the newspaper that at least five ICC officials have been interviewed in The Hague in recent months as part of the probe.
According to the report, investigators are examining claims that Khan held secretive talks with Judge Rosario Aitala and visited her office several times to discuss evidence in the Mokom case without the knowledge of other judges. The discussions are alleged to have preceded Khan's surprise decision in October 2023 to withdraw war crimes and crimes against humanity charges that prosecutors had previously brought and that a pretrial chamber had confirmed in January 2023.
Khan, 55, has denied the claims. His lawyers said any suggestion that he engaged in unauthorised discussions with a judge was "baseless" and that the decision to withdraw the charges was not based on such conversations. They have previously said it is "categorically untrue" that Khan committed sexual misconduct amid separate complaints.
Mokom had been the subject of an ICC arrest warrant issued in 2018 on charges including murder, rape, extermination, deportation, torture, persecution, enforced disappearance and other inhumane acts. He was surrendered by Chad and brought to The Hague in March 2022. Khan told the court when withdrawing the charges that prosecutors lacked sufficient evidence and acknowledged the move would be "unwelcome to many survivors and their families."
A source close to the current investigation told the newspaper that Khan "withdrew the charges against Mokom after having several discussions with the judge. These discussions were not allowed and the other judges didn't know they were happening." Another court source described the probe as a potential challenge to the court's integrity and said the IOM had "spoken to a lot of people on this."
The development comes amid other scrutiny of Khan's conduct. Last year The Mail on Sunday reported that a female colleague had accused Khan of sexual misconduct, an allegation he denies. An external investigation by a UN-associated watchdog was later launched into multiple allegations, including claims of non-consensual sexual acts during official travel. A second woman has since told investigators she experienced repeated sexual advances, according to prior reporting. Khan's lawyers maintain that the accusations are false and have said attempts have been made "to discredit him and destroy his personal reputation" following high-profile actions taken by the prosecutor's office.
Khan drew international attention in May 2024 when the ICC sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant over alleged war crimes, a move that prompted intense political and legal scrutiny. The appeals chamber of the ICC also ordered Khan to step aside from the court's Venezuela investigation last month, citing a conflict of interest because a member of the legal team representing Venezuela's president is Khan's sister-in-law.
A spokesman for the court said it could not comment on an "external independent investigation that has been decided by the Assembly [of State Parties]" and noted the matter falls under the Assembly's authority. The IOM, which typically handles internal oversight and misconduct allegations at the court, has not publicly commented on the specific inquiries.
The IOM's probe into the Mokom matter, if substantiated, could raise questions about prosecutorial contacts with judges and the handling of disclosure and evidentiary matters in sensitive cases. The withdrawal of the Mokom charges prompted criticism at the time from some within and outside the court who said the move undercut accountability for serious alleged crimes.
The ICC has become the focus of heightened political attention as it pursues investigations involving powerful state actors and prominent leaders. Officials said oversight processes are designed to address allegations of misconduct to protect the court's credibility and the integrity of its proceedings.
Khan's legal representatives reiterated his denials and said he would cooperate with any legitimate inquiries. The IOM investigation is understood to be ongoing, and the court has not announced a timeline for its completion.