THE HAGUE, Netherlands (AP) — A critical decision regarding the future of Karim Khan, the chief prosecutor of the International Criminal Court (ICC), is set to take place at the United Nations headquarters in New York. Diplomatic representatives from various countries are convening to discuss whether Khan should be permanently removed from his position.
Khan, a 56-year-old British barrister, has been embroiled in allegations of sexual misconduct, specifically involving a female aide. According to a series of reports by The Associated Press, these allegations have been consistently denied by Khan. Nevertheless, the controversy has persisted for over two years, affecting the credibility and operational capacity of the ICC, which is already facing significant challenges.
In June, Khan’s formal duties at the ICC were suspended after the court’s oversight body’s executive committee determined that he had engaged in a “serious breach of duty and serious misconduct.” This included a sexual relationship that reportedly intensified over time, with Khan allegedly attempting to dissuade the aide from pursuing her claims. Khan, however, disputes these findings.
Khan faces an unprecedented removal vote
The responsibility of determining Khan’s future now rests with the Assembly of States Parties, composed of 125 member countries of the ICC. They are currently holding a special session in New York, which will conclude with a confidential vote requiring a majority to pass the resolution for his removal.
Due to sanctions imposed by the Trump administration over the ICC’s investigation of Israeli military actions in Gaza, Khan is barred from entering the United States, preventing his participation in the meeting. His legal representatives, Tayab Ali and Sareta Ashraph, have criticized this exclusion, stating, “We know of no court or tribunal in any proper and fair legal system that bars a person facing the gravest professional sanction from being heard.”
Additionally, Khan has been suspended from practicing law in the United Kingdom pending an investigation by the British Bar Standards Board. The Netherlands, the host country of the ICC, has publicly declared its intention to vote for Khan’s removal, as stated by Foreign Minister Tom Berendsen in a letter to parliament. No other country has publicly announced its voting intention.
The Gaza investigation complicates the case
The allegations against Khan are intertwined with the ICC’s investigation into the Gaza conflict. “Political considerations have been folded into this, especially as it is the first time a prosecutor has pursued warrants against a western ally,” noted Iva Vukusic, a researcher at Utrecht University.
In 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for crimes against humanity, leading to backlash and multiple rounds of sanctions against Khan and other ICC staff by the Trump administration.
A divided court faces an uncertain future
The ongoing proceedings have exacerbated divisions within the ICC, an institution already under significant pressure. Lucy Gaynor, a historian of international criminal tribunals at the University of Amsterdam, observed, “There has been splintering over how the court has handled this.”
In April, staff members within the prosecutor’s office sent a letter to the oversight body expressing grave concerns about Khan’s potential return, asserting that his “leadership has been materially diminished.” Additionally, a group of Palestinian organizations recently issued a public letter voicing concerns about the investigation and accusing the executive committee of “unwarranted political interference” and “subverting the disciplinary process.”
Should Khan be removed, a new prosecutor will need to be elected. In the interim, his office is being managed by his two deputy prosecutors. Regardless of the outcome, Vukusic suggested that “the court is going to walk away bruised and battered and wounded and less able to face the greater threats.”
