April 2 (Reuters) – ICC member states have voted to pursue disciplinary proceedings against Chief Prosecutor Karim Khan after receiving reports regarding sexual assault allegations against him, two sources briefed on the matter told Reuters, confirming a Wall Street Journal report.
In a vote on Wednesday by a core group of member states, 15 voted in favour, two abstained and four voted against moving forward with the process, said the sources, who spoke on the condition of anonymity.
Khan, who investigates war crimes, crimes against humanity and genocide, has taken leave of absence pending an inquiry into accusations of non-consensual sexual interaction with a lawyer in his office. He rejects any allegations of wrongdoing.
The prosecutor’s office said it would not provide a comment on the continuation of the proceedings as it was an ongoing process.
The International Criminal Court has been thrust into crisis by the investigations into Khan — its most prominent official — as well as by U.S. sanctions over the court’s actions, including arrest warrants for Israeli officials for alleged war crimes.
A report by United Nations investigators found a “factual basis” for the allegations of sexual misconduct made by a female aide and that witness accounts “lend support to her claims”, the sources said.
However, a second report by three judges that analysed the U.N. report found the evidence insufficient to establish the truth of the allegations “beyond a reasonable doubt”, they said.
Lawyers for Khan told Reuters last week that the judges unanimously concluded that the “factual findings do not establish misconduct or breach of duty.”
A group of African states said disciplinary proceedings should end, arguing that the judges had exonerated Khan. But other nations, including the court’s biggest backers, voted to continue proceedings.
Officials from the prosecutor’s office also opposed Khan’s continued service as chief prosecutor in a letter read out at Wednesday’s meeting.
The ICC has 125 member states and is the world’s criminal court of last resort.
(Reporting by Mrinmay Dey and Chris Thomas in Mexico City, Anthony Deutsch in Amsterdam; Editing by Neil Fullick, Christopher Cushing and Ros Russell)
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