ICC Members Remove Prosecutor Karim Khan Over Serious Misconduct Allegations

Member states of the International Criminal Court (ICC) have voted to remove prosecutor Karim Khan from office over allegations of serious misconduct, the court said on Friday.

Diplomats from the executive bureau of the ICC’s governing body said last month that the British barrister had an inappropriate sexual relationship with a junior ICC lawyer and recommended his dismissal, according to documents seen by Reuters. On Friday, a large majority of the court’s 125 member states voted to accept that recommendation.

“The Assembly decided by a majority of 82 states parties that the elected official, prosecutor Karim Khan, committed serious misconduct and a serious breach of duty, and to remove Karim Khan from office,” said Paivi Kaukoranta, president of the court’s governing body.

Khan, 56, has denied any wrongdoing.

“Mr Khan will challenge the lawfulness and fairness of the decision through all available legal mechanisms,” his lawyer, Tayab Ali, said after the vote.

Khan’s removal immediately triggers the process to elect a new ICC prosecutor, although a successor is not expected to be chosen before next year.

“Members of the court acted swiftly and decisively to remove an embattled and discredited official so that the court can move forward with its important work in all the situations on its docket,” said Leila Sadat, professor of international criminal law at Washington University in St. Louis.

Khan’s dismissal comes after the United States announced that it would launch a renewed diplomatic campaign to dismantle the ICC, which Washington says threatens its sovereignty.

During a visit to the Philippines on Thursday, US Secretary of State Marco Rubio said there were “lunatics and crazies involved in the ICC” and insisted that no US political or military officials would ever face trial before the court.

State Department spokesperson Tommy Pigott welcomed Khan’s removal but said: “He is only one small cog in this irredeemably corrupt institution. Today’s outcome will have no impact on the United States’ plans to dismantle the ICC.”

The US, which is not a member of the court, has imposed sanctions on 11 ICC judges and prosecutors, including Khan, over the court’s arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, as well as a previous investigation into US troops in Afghanistan.

While Khan’s removal could strengthen the ICC’s credibility by demonstrating accountability among its own leadership, the court still faces significant challenges, said Kyra Wigard, assistant professor of law at Utrecht University.

“The bigger challenge going forward is whether the court can restore confidence internally and externally while maintaining the perception of independence amid intense geopolitical pressure,” she said.

Khan’s accuser spoke publicly for the first time last week in an interview with CNN, in which she repeated allegations that the prosecutor had a non-consensual sexual relationship with her.

Lawyers for Khan told Reuters that he denied “any sexual relationship of any kind” with the junior lawyer.

All active ICC arrest warrants will remain in force, as only ICC judges have the authority to withdraw them.