ICC suspends top prosecutor after misconduct allegations

Hind Al Soulia - Riyadh - THE HAGUE — The International Criminal Court's (ICC) chief prosecutor, Karim Khan, has been suspended with immediate effect following a probe into sexual misconduct allegations, the tribunal’s governing body said.

In a statement on Monday, the Bureau of the Assembly of States Parties said it will refer Khan to disciplinary proceedings to the court's 125 member states, which will vote on his fate in a special session.

The oversight bureau stressed that the suspension does not prejudge the outcome of the case.

The bureau, which is the executive committee of the court’s oversight body, said it referred Khan after making its own decision on the disciplinary proceedings involving the prosecutor.

It said the decision was based on a report of a United Nations investigation, the advice of an ad hoc panel of judicial experts, and written submissions, but did not give details about what it had decided.

“The decision of the ⁠Bureau and the related documentation will remain confidential,” the statement said.

Khan, a British lawyer, has repeatedly denied all allegations of sexual misconduct, with his lawyers describing the decision as "unlawful, procedurally unfair and unsupported by evidence".

Khan’s lawyers ⁠said in a statement that he rejected the decision in the strongest terms, and repeated his denial of any wrongdoing.

“The decision is unlawful, procedurally unfair and unsupported by evidence,” the statement said.

Khan, 56, drew international attention when he applied for warrants against Israeli Prime Minister Benjamin Netanyahu and then-Minister of Defence Yoav Gallant for war crimes and crimes against humanity committed in Gaza.

Khan was sanctioned by Israel’s ally, the United States, which expressed outrage over the arrest warrants.

He also sought warrants for Hamas leaders for the October 7, 2023, attack on southern Israel.

Khan has maintained that the misconduct probe is a politically motivated smear campaign.

In May 2024, allegations that Khan had engaged in sexual misconduct involving a female staff member were reported to the ICC by a third party.

The court's Independent Oversight Mechanism (IOM) opened an investigation, but the case was later closed after the alleged victim declined to participate.

According to news agency reports, a UN probe later found a “factual basis” for the allegations of sexual misconduct. However, a three-judge review panel selected by the executive committee for a legal assessment of the findings found that the investigation was not conclusive enough.

Khan’s lawyers had previously told Reuters that the judges had unanimously concluded that the “factual findings do not establish misconduct or breach of duty”.

Khan has not led the ICC’s Office of the Prosecutor since ⁠last May, when he took a voluntary leave of absence pending the outcome of the inquiry.

He is the first ICC prosecutor to be formally suspended from his role by the court’s oversight body.

The United States imposed sanctions on Khan after he sought arrest warrants for Netanyahu and Yoav Gallant over alleged crimes linked to the war in Gaza.

Sanctions against the prosecutor were later expanded to include two deputy prosecutors, eight ICC judges, the UN Special Rapporteur on the Occupied Palestinian Territories, and Palestinian organisations that provided evidence to the court.

The United States, Russia and Israel are not members of the ICC. However, the court can exercise jurisdiction over crimes committed by their nationals on the territory of ICC member states.

If the ASP were to seek Khan's removal, he could challenge the decision before the Administrative Tribunal of the International Labour Organization (ILOAT), which hears employment-related appeals involving ICC staff.

Any attempt to remove Khan could therefore trigger a lengthy legal challenge, with the possibility of reinstatement and significant compensation if a tribunal found the disciplinary process had been flawed.