28 May 2025. As the United Nations’s Office of Internal Oversight Services (OIOS) concludes its external investigation of misconduct allegations against the International Criminal Court (ICC) Prosecutor, FIDH and Women’s Initiatives for Gender Justice share a new explainer to clarify what the Court’s regulatory framework says and does not say about addressing misconduct allegations against elected officials. The Assembly of States Parties has to take action that upholds the Rome Statute’s core values, reinforces accountability and restores trust in the Court.
What are the key recommendations?
1. Establish a complete accountability process through factual findings, a legal assessment of the latter and a decision based solely on the assessment.
2. Establish procedural safeguards before the release of the OIOS report, such as preparing protection measures for the whistleblowers, the complainant and witnesses.
3. Address failings, workplace culture deficits, and prevent recurrence in the longer term.
What does the explainer cover?
– The applicable provisions. Core legal texts, administrative issuances, codes of conduct, and related policies relevant to addressing allegations against elected officials (in this case, the Prosecutor).
– The procedural role of the Assembly of States Parties and its Bureau once the external OIOS report is transmitted.
– Key due process considerations for both the elected official and the complainant.
– The relevance of ongoing reforms and how external ad hoc expert panels will help ensure impartial legal assessments of future investigations of misconduct against elected officials. It includes the Independent Expert Review Recommendation 108 for instance.
– The importance of including an independent legal assessment for this process.
– The urgent need to apply protections for complainants, witnesses, and others involved in the process, including the existing safeguards against retaliation and where these fall short.
Why was it created ?
Workplace culture concerns have long plagued the ICC. The 2020 Independent Expert Review already warned of "a culture of fear", particularly in the Office of the Prosecutor, citing bullying, harassment, and the perceived impunity of senior officials.
The current investigation is being conducted by OIOS, rather than the ICC’s Independent Oversight Mechanism. This ad hoc arrangement has exposed legal and procedural gaps, especially regarding how findings are assessed and acted upon. It underscores the need for clear, fair, and transparent procedures (including truly independent legal assessments) to uphold the integrity of the Court and build trust. The Assembly of States Parties and the Court must more broadly build on previous reforms and address the root causes of harmful workplace dynamics, according to the explainer.
This tool was made to help States Parties and stakeholders navigate the legal framework and support principled, rights-respecting decisions in the period ahead. It was inspired by the many questions raised during episode 133 of Asymmetrical Haircuts "What’s next after ICC’s Karim Khan steps aside?", where Danya Chaikel (FIDH representative to the ICC) and Alix Vuillemin (head of Women’s Initiatives for Gender Justice) unpacked what will happen next and why this moment is unprecedented.