The Assembly of States Parties to the International Criminal Court (ICC) has voted to remove Chief Prosecutor Karim Khan from office following allegations of sexual misconduct. Khan, who will step down in 2024, has consistently denied any wrongdoing. A key statement from his lawyer, Tayab Ali, criticized the vote, arguing that the investigation did not find evidence of misconduct and that due process was not followed, as Khan was excluded from participating in the session. Ali also announced plans to challenge the decision.
The Assembly President, Päivi Kaukoranta, countered these claims, noting that the investigation did indeed find supporting evidence, and due process was respected. According to Reuters, the investigation was overseen by the UN Office of Internal Oversight Services and focused on allegations made by a former aide. This aide accused Khan of non-consensual sexual acts. Khan was temporarily removed from his duties in June, pending the recent vote.
The ICC is currently under significant external pressure, especially from the United States, due to its recent actions. Earlier this year, Khan issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant concerning alleged war crimes in Gaza, as reported by The New York Times. The United States had previously sanctioned Khan and other ICC officials due to these warrants.
Amidst this backdrop, Khan’s dismissal does not impact the cases against Netanyahu and Gallant. Only ICC judges have the authority to withdraw these warrants, ensuring the cases proceed irrespective of the prosecutor’s removal. Although Khan and his supporters suggest political motives behind his dismissal, Palestinian representatives, including Ambassador to the Netherlands Ammar Hijazi, have dismissed such claims, asserting the decision was unrelated to ongoing cases.
Moving forward, the ICC office will be led by Deputy Prosecutors Nazhat Shameen Khan and Mame Mandiaye Niang in an interim capacity. Formal elections to appoint Khan’s successor are anticipated but are unlikely to be completed before the next year. For a comprehensive overview, more details can be found at JURIST.