Diplomats representing 125 nations are gathering at United Nations headquarters in New York on Friday for an unprecedented session to determine the future of International Criminal Court (ICC) chief prosecutor Karim Khan. The 56-year-old British barrister faces a potential permanent removal from his position following a series of sexual misconduct allegations involving a female aide, claims which he has consistently and steadfastly denied.
The controversy surrounding Khan has persisted for over two years, creating significant strain on the 24-year-old international tribunal. In June, the executive committee of the court’s oversight body formally removed Khan from his duties, citing a "serious breach of duty and serious misconduct" related to a "sexual relationship" that allegedly "escalated over time." The committee further accused him of attempting to prevent the complainant from pursuing her allegations. Khan disputes these findings, and the upcoming vote by the Assembly of States Parties will decide if a resolution to oust him is supported by a majority.
A notable complication in the proceedings is Khan’s absence from the New York meeting. The prosecutor is currently barred from entering the United States due to sanctions imposed by the Trump administration, a move retaliatory to the ICC's investigation into Israeli officials for military conduct during the conflict in Gaza. His legal counsel, Tayab Ali and Sareta Ashraph, have formally complained about his exclusion, noting in a letter to the assembly that they are aware of no fair legal system that denies a person facing severe professional sanctions the right to be heard. Furthermore, Khan is currently suspended from practicing law in the United Kingdom by the British Bar Standards Board while they conduct their own investigation into the allegations.
The outcome of the secret vote remains uncertain. To date, the Netherlands is the only host state to publicly declare its intention to vote for Khan's removal, as confirmed by Foreign Minister Tom Berendsen. Analysts suggest the case has become entangled with the court's broader geopolitical challenges. Iva Vukusic, a researcher at Utrecht University, noted that political considerations have become deeply folded into the process, particularly as this marks the first instance of a prosecutor pursuing arrest warrants against a Western ally. In 2024, the court issued warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, a decision that triggered extensive backlash and multiple rounds of U.S. sanctions.
Within the court itself, the situation has caused deep divisions. A letter sent in April by staff members within the prosecutor’s office expressed serious concerns regarding Khan’s leadership, stating it had been "materially diminished." Conversely, a group of Palestinian organizations recently issued a public letter accusing the executive committee of "unwarranted political interference" and "subverting the disciplinary process." Should the vote result in Khan's removal, the office, currently led by two deputy prosecutors, will face the task of electing a replacement. Regardless of the result, observers like Lucy Gaynor, a historian of international criminal tribunals, warn that the court is likely to emerge from this process "bruised and battered and wounded and less able to face the greater threats."
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