ICC Oversight Body Recommends Firing Prosecutor Karim Khan Over Sexual Misconduct Findings

ICC Oversight Body Recommends Firing Prosecutor Karim Khan Over Sexual Misconduct Findings
FILE - Public Prosecutor Karim Khan prepares for the trial of Mahamat Said Abdel Kani at the International Criminal Court in The Hague, Netherlands, Monday, Sept. 26, 2022. The government of Venezuela´s President Nicolas Maduro has accused Khan of prejudice against Venezuela, in its investigation on human rights abuses during the 2017 protests in the south American country. (AP Photo/Peter Dejong, File)/XLAT110/23093740426780-0/FILE PHOTO/2304032245

ICC Oversight Body Recommends Firing Prosecutor Karim Khan Over Sexual Misconduct Findings

The executive bureau of the International Criminal Court’s governing body has determined that chief prosecutor Karim Khan engaged in an inappropriate sexual relationship with a junior staff member and should be dismissed from office, according to two independent sources who provided copies of the decision to Reuters.

The 27-page document represents the first detailed account of findings against Khan, a 56-year-old British barrister, following a misconduct complaint filed by a female lawyer in 2024. The bureau’s recommendation will be put to a vote by the ICC’s 125-member Assembly of States Parties in New York on July 24.

What the Bureau Found

The bureau concluded that evidence established beyond a reasonable doubt that Khan engaged in a sexual relationship with the complainant beginning in March 2023. The document states that the relationship “escalated over time” and that, given the power imbalance between the two, such a relationship “could never be appropriate.”

The bureau found that Khan’s behaviour constituted a serious breach of duty and serious misconduct, culminating in non-consensual sexual contact at his office, his private residence, and during official missions.

The bureau set aside an advisory opinion from three external judges who had concluded that available evidence was insufficient to establish misconduct. Instead, it relied on the findings of a specialised yearlong UN investigation commissioned by the court.

Alleged Locations of Misconduct

According to the original complaint, the harassment began during a work trip to London in March 2023. The complainant alleged that Khan sexually assaulted or harassed her across multiple locations, including:

Khan’s Response

Khan’s legal team rejected the bureau’s findings in unequivocal terms, describing the decision as “unlawful, procedurally unfair and unsupported by evidence.” His lawyers argued the bureau disregarded the unanimous conclusions of its own independently appointed judicial panel, which found the UN investigators’ evidence did not establish misconduct or a breach of duty.

Khan “unequivocally denies all allegations of impropriety,” his lawyers said, adding that they would take “all necessary steps” to challenge the bureau’s decision.

Suspensions Already in Force

Khan has been formally suspended from his duties at the ICC pending the outcome of the July vote. Britain’s Bar Standards Board, which regulates lawyers practising in England and Wales, has also temporarily suspended him and will consider his professional future in the coming weeks.

A minimum of 63 of the 125 member states must vote in favour of dismissal for it to take effect.

A Court Already Under Pressure

The misconduct proceedings have deepened an already severe institutional crisis at the ICC. Since taking office in 2021, Khan secured politically explosive arrest warrants for Russian President Vladimir Putin, Israeli Prime Minister Benjamin Netanyahu, former Israeli Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif.

The warrants provoked a fierce backlash from Israel and its allies and contributed to the court being placed under US sanctions. The ICC is currently under sanction from Washington over its investigations into both the United States and Israel.

Khan and associates have at times insinuated that Israel may be behind the misconduct allegations. However, critics of the Israeli government — including those broadly sympathetic to the court’s mandate — have assessed the complaints as credible and found no evidence of Israeli involvement.

The assembly vote on July 24 in New York will determine whether Khan becomes the first ICC prosecutor to be removed from office.