ICC Halts Chief Prosecutor’s Duties Amid Misconduct Probe
Suspension and Investigation Process
ICC suspends top prosecutor after investigating – The International Criminal Court (ICC) has temporarily suspended Karim Khan, its chief prosecutor, as a probe into misconduct allegations continues. The decision was announced by a committee within the court’s oversight body, which also directed the matter to the ICC’s 125 member states for a vote in a special session. This session, set to convene “as soon as possible,” will determine Khan’s next steps. The oversight body clarified that the suspension does not finalize the outcome of the inquiry.
Legal Defense and Denials
Khan has consistently rejected all claims of sexual misconduct, with his legal team labeling the suspension “unlawful, procedurally unfair, and unsupported by evidence.” A leaked document previously cited by media outlined the accusations, which reportedly included allegations of unwanted sexual contact and abuse. The process requires a two-thirds majority to confirm misconduct, followed by a separate vote on his removal from office.
Khan’s lawyers described the decision as ‘unlawful, procedurally unfair and unsupported by evidence.’
Background of the Allegations
The controversy began in May 2024 when a third party reported claims that Khan had engaged in sexual misconduct with a female staff member. The ICC’s Independent Oversight Mechanism (IOM) initiated an investigation, but it was later closed after the alleged victim opted out. Critics argued the process was poorly managed, casting doubt on the IOM’s reliability. Investigators concluded there was insufficient evidence to validate the accusations.
A second referral followed in October 2024, leading to a broader inquiry by the United Nations Office of Internal Oversight Services (OIOS). This investigation spanned from November 2024 to December 2025 and compiled over 5,000 pages of evidence and testimonies. A panel of three judges reviewed these findings to assess whether Khan’s actions constituted serious misconduct, less severe misconduct, or no misconduct at all.
Political Context and Sanctions
The allegations emerged during a period of heightened political tension for the ICC. U.S. sanctions were imposed on Khan after he sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over Gaza-related crimes. The scope of sanctions later expanded to include two deputy prosecutors, eight ICC judges, the UN Special Rapporteur on the Occupied Palestinian Territories, and Palestinian groups that provided evidence to the court.
The U.S., Russia, and Israel are not ICC members, yet the court can still claim jurisdiction over crimes committed by their nationals within member states’ territories. This legal framework has drawn criticism, with supporters of Khan arguing the inquiry failed to substantiate the claims.
Legal Appeal Process
If the Assembly of States Parties (ASP) decides to remove Khan, he may challenge the ruling before the Administrative Tribunal of the International Labour Organization (ILOAT). This tribunal handles employment-related appeals for ICC staff, potentially leading to reinstatement and compensation if the disciplinary process is found flawed. The prolonged legal battle could further delay resolution, adding to the court’s current scrutiny.
