ICC chief prosecutor suspended after probe finds he committed serious sexual misconduct

Diplomatic source tells Reuters that International Criminal Court’s governing body has recommended Karim Khan be removed from his post, with the decision now up to member states

The International Criminal Court’s chief prosecutor Karim Khan has been suspended pending a vote by member states on his fate, the court’s governing body said Monday, following a probe into accusations of sexual harassment made against him.

A diplomatic source briefed on the decision told Reuters the court’s governing body’s executive bureau has ruled that Khan, 56, had committed serious misconduct. This followed an 18-month-long probe into accusations that the prosecutor had non-consensual sexual interactions with a female aide in his office. The source added that the bureau has recommended that the prosecutor be removed from office.

The ICC’s governing body will send its conclusion to all 125 ICC member states, which will vote on Khan’s fate in a special session. His removal will require a majority in a secret ballot, with sixty-three countries needing to support a measure to remove him.

In a press release, the bureau confirmed it made a decision on the disciplinary proceedings against Khan and referred the matter to the Assembly of States Parties, which will be convened as soon as possible to discuss the case, but did not give details about what it decided.

“The decision of the bureau and the related documentation will remain confidential,” the press release said.

It added that Khan’s suspension pending the assembly meeting “is not an indication of the final outcome.”

Khan’s lawyers said in a statement that he rejected the decision in the strongest terms, and repeated that he denies any wrongdoing. “The decision is unlawful, procedurally unfair and unsupported by evidence,” the statement said.

The International Criminal Court has been thrust into crisis by the investigations into Khan — its most prominent official — as well as by US sanctions over the court’s actions, including arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over the Israel-Hamas war in Gaza.

In addition to the warrants for Netanyahu and Gallant, Khan also issued arrest warrants for three leaders of the Palestinian terror group Hamas, all of whom were subsequently killed by Israel.

Khan has not been at the helm of the ICC 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 allegations against Khan were first reported to the court’s independent watchdog more than two years ago. An Associated Press investigation revealed that Khan was alleged to have seen the woman working in another ICC department and moved her into his office. She later became a regular presence on official trips, according to whistleblower documents.

On one foreign trip, Khan allegedly asked her to rest with him on a hotel bed and then “sexually touched her,” the documents said. Other alleged nonconsensual behavior cited in the documents included locking the door of his office and sticking his hand in her pocket. He also allegedly asked her several times to accompany him on a vacation.