Drama in The Hague: ICC recommends dismissal of Prosecutor Karim Khan over sexual misconduct - report

Diplomats running the International Criminal Court's oversight body have recommended that prosecutor Karim Khan be removed from office for an inappropriate sexual relationship with a junior staff member. This is according to copies of the decision reviewed by Reuters.

This is the first time that the details of the decision and the official recommendation to dismiss the 56-year-old British prosecutor have been revealed, following a complaint of inappropriate behavior filed by a lawyer at the tribunal in 2024.

"Non-consensual sexual contact by exploiting a position of authority"

The executive bureau of the body overseeing the court based its decision on the findings of a special year-long UN investigation. Although an advisory panel of three external judges had previously argued that the evidence was insufficient to prove "beyond a reasonable doubt," the executive bureau rejected their opinion and determined that it possessed sufficient solid evidence.

According to a 27-page document, "The evidence proves beyond a reasonable doubt that the plaintiff had a sexual relationship with the victim." According to the report, the relationship began in March 2023 and escalated over time. "In the context of the power imbalance and hierarchical relationship, such a sexual relationship can never be appropriate."

Worse still, the report cites UN findings according to which Khan's behavior worsened and led him to have "non-consensual sexual contact with her in his office, at his private residence, and while on official missions abroad." The document concludes that Khan committed a "serious breach of his duty and serious misconduct," and recommends "his removal from the position of elected official, Prosecutor Karim Khan."

Khan denies the allegations: "An unlawful decision"

On the other hand, Karim Khan strongly denies all the allegations against him. His lawyers told Reuters that "the decision is illegal, procedurally unfair, and not supported by evidence."

Khan, who previously served as a prosecutor and was appointed chief prosecutor about five years ago, has been on voluntary leave since last May, with his deputies running the office. At the same time, he has been suspended from his position at the ICC and is under review by the independent legal regulator in the United Kingdom, which is expected to determine his professional future in the coming weeks. A court spokesperson and members of the executive bureau declined to comment on the report.

Khan's future will be decided on July 24 in New York City, when the assembly of the 125 member states convene for a crucial vote. In order to carry out the dismissal, a qualifie dmajority of at least 63 countries is required. As of now, it is unclear in which direction the vote will go.

Nevertheless, the court clarifies that even if Khan is dismissed, this will have no impact on the arrest warrants he issued.

As is well-known, Khan stirred controversy in 2024 when he sought to issue arrest warrants against senior Israeli officials, including Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, in the context of the war in Gaza. Since the arrest warrants were officially approved by ICC judges, they will remain fully in effect regardless of the identity of the prosecutor. Khan's supporters have often claimed that he has become a "political target" as a result of the actions he led against Israel.

Against this backdrop, the court is undergoing a prolonged crisis and is facing severe sanctions from the United States, which imposed sanctions on 11 judges and prosecutors at the ICC, including Khan himself, due to past investigations against American forces in Afghanistan and the arrest warrants against Israeli leaders.