ICC decided to charge Netanyahu after Khan accused of sexual assault - report

Shortly after being confronted by ICC staff about the sexual assault complaint, he canceled his planned visit to Israel and announced the warrants.

(Illustrative) ICC chief prosecutor Karim Khan over a back drop of the ICC. (photo credit: Canva, REUTERS/PIROSCHKA VAN DE WOUW, WIKIMEDIA COMMONS/OSEVENO)
(Illustrative) ICC chief prosecutor Karim Khan over a back drop of the ICC.
(photo credit: Canva, REUTERS/PIROSCHKA VAN DE WOUW, WIKIMEDIA COMMONS/OSEVENO)

The International Criminal Court’s decision to seek arrest warrants for Prime Minister Benjamin Netanyahu and other Israeli officials was set after its chief prosecutor, Karim Khan, was under internal investigation for allegations of sexual assault, The Wall Street Journal reported on Saturday.

A Malaysian lawyer who had worked as a close aide to Khan and accompanied him on multiple overseas trips told United Nations investigators that he coerced her into non-consensual sexual encounters in New York, Paris, and The Hague.

She said she initially remained silent due to fears of professional retaliation and concern over her mother’s medical expenses. The allegations were formally reported to senior ICC officials in April 2024.

Khan reportedly learned of the complaint shortly before canceling a scheduled trip to Israel and Gaza. Days later, he publicly announced the court’s intention to seek arrest warrants for Netanyahu and then-defense minister Yoav Gallant. The timing raised questions within the court and among diplomats over whether the decision was influenced by growing scrutiny around Khan’s personal conduct.

Khan has denied all accusations. His legal team said that his work as prosecutor was based solely on legal and evidentiary considerations. “It is categorically untrue that he has engaged in sexual misconduct of any kind,” they said.

THE INTERNATIONAL Criminal Court building in The Hague: The ICC has no viable plan to bring to justice the Hamas leaders who conceived the mega-atrocity in Israel, or the terrorist organization’s supporters who slaughtered 1,200 civilians and seized 251 people as hostages on October 7, 2023 (credit: PIROSCHKA VAN DE WOUW/REUTERS)
THE INTERNATIONAL Criminal Court building in The Hague: The ICC has no viable plan to bring to justice the Hamas leaders who conceived the mega-atrocity in Israel, or the terrorist organization’s supporters who slaughtered 1,200 civilians and seized 251 people as hostages on October 7, 2023 (credit: PIROSCHKA VAN DE WOUW/REUTERS)

The aide, who joined Khan’s team in 2023 after six years at the ICC, said she felt trapped in her position, continuing to work in order not to jeopardize the court’s Gaza investigation, which she supported.

UN testimony detailed alleged coercion by Khan

According to the testimony reviewed by The Wall Street Journal, the woman described an incident in New York where Khan initiated sexual contact in a hotel room. She stated that “he began to touch her sexually,” and that the behavior had been ongoing for months. She said she attempted to leave the room several times, but he took her hand and eventually pulled her to the bed. Then, she testified, he pulled off her pants and forced sexual intercourse.

“He always holds on to me and leads me to the bed,” she said in the testimony. “It’s the feeling of being trapped.”

Despite the ongoing abuse, she continued working on Khan’s team out of fear and a desire not to compromise a case she believed in.

In June 2024, the ICC issued arrest warrants for Netanyahu and Gallant on allegations of war crimes and crimes against humanity. The charges centered on claims that Israel obstructed humanitarian aid to Gaza following Hamas’s October 7 attack.

This was the first time the court had targeted a democratically elected leader from a Western-aligned country. The decision was condemned by Israel and the United States. The Biden administration warned the move would strain diplomatic efforts, and former US president Donald Trump later imposed sanctions on Khan.

Khan canceled Israel trip days after misconduct warning

Khan had planned a visit to Israel to assess conditions on the ground, a trip supported by US officials who had hoped to deter charges. However, shortly after being confronted by senior ICC staff about the sexual assault complaint, Khan canceled the visit and announced the warrants. Some senior officials advised against issuing the announcement, but Khan proceeded, joined by top prosecutors.

Although the ICC concluded an internal inquiry without action, the United Nations Office of Internal Oversight Services opened an independent investigation into the allegations and possible retaliation.

According to The Wall Street Journal, Khan pressured the complainant to retract her allegations. He warned her that pursuing the matter would damage both their reputations and undermine the ICC’s work. He reportedly told her, “Think about the Palestinian arrest warrants.”

The woman later contacted members of the court’s governing board to express her distress and provide further documentation, according to the report.

Khan refused to take a leave of absence and continued representing the ICC in global forums. Under ICC statutes, only a majority vote by the court’s 125 member states could remove him from office.

ICC turmoil grew after misconduct allegations and Gaza case

The misconduct allegations and their proximity to the Gaza case triggered a broader crisis for the ICC. Some member states, including Hungary, reportedly considered withdrawing from the court. France and Germany, long-time supporters of the ICC, did not confirm whether they would enforce the arrest warrant if Netanyahu were to visit.

Legal experts remained divided. Some said Israeli statements after October 7—such as declarations of a “total siege” on Gaza—could support war crimes charges. Israeli officials argued the actions were necessary for national security and not aimed at civilians.