Amidst tensions and controversies, representatives from across the globe are set to convene at the United Nations headquarters in New York on Friday. Their agenda is decisive: to determine the fate of Karim Khan, the chief prosecutor of the International Criminal Court, who is currently embroiled in accusations of sexual misconduct.
Karim Khan, a British barrister, has been accused of inappropriate behavior with a female aide, allegations he has consistently denied, as reported by The Associated Press in a detailed series of stories. This protracted saga has placed enormous strain on the court, which is already facing significant external pressures. Adding to this, the United States, a longstanding critic of the tribunal, recently initiated a campaign to dismantle the 24-year-old institution.
In June, Khan, aged 56, was suspended from his duties by the ICC. This decision followed the oversight body’s executive committee’s findings of a “serious breach of duty and serious misconduct,” where Khan allegedly engaged in a sexual relationship and attempted to suppress the aide’s allegations. Khan disputes these findings.
Khan’s Future in the Hands of Member States
The Assembly of States Parties, comprising 125 nations, now holds the power to decide Khan’s fate. During a confidential session in New York, they will vote on a resolution to potentially remove him. Khan, however, will not attend as he is barred from entering the United States due to sanctions imposed by the Trump administration over the court’s investigation into Israeli military actions in Gaza.
Khan’s legal team, Tayab Ali and Sareta Ashraph, expressed their dissatisfaction with his exclusion from the meeting. They noted, “We know of no court or tribunal in any proper and fair legal system that bars a person facing the gravest professional sanction from being heard.” Meanwhile, Khan is also suspended from practicing law in the UK pending a separate investigation by the British Bar Standards Board.
The outcome of the secret ballot remains uncertain. The Netherlands is the only country that has openly declared it will vote for Khan’s removal, as confirmed by Dutch Foreign Minister Tom Berendsen.
The Impact of the Gaza Investigation
The allegations against Khan are complicated by the ICC’s ongoing investigation into the Gaza conflict. According to Iva Vukusic, a researcher at Utrecht University, “Political considerations have been folded into this, especially as it is the first time a prosecutor has pursued warrants against a western ally.” In 2024, the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, sparking backlash and sanctions against Khan by the Trump administration.
Uncertainty Shadows the ICC’s Future
The extended ordeal has caused significant divisions within the ICC at a time of considerable external challenges. Lucy Gaynor, a historian at the University of Amsterdam, remarked, “There has been splintering over how the court has handled this.” In April, ICC staff members expressed concerns about Khan’s potential return, citing a loss of leadership credibility in a letter to the oversight body.
Meanwhile, Palestinian organizations have criticized the investigation process, alleging “unwarranted political interference” and manipulation of disciplinary procedures in a public letter. If Khan is ousted, his replacement will need to be elected, while his deputies continue to manage his office. Vukusic cautions that irrespective of the decision, “the court is going to walk away bruised and battered and wounded and less able to face the greater threats.”
