ICC chief prosecutor suspended pending decision by oversight body over sexual misconduct allegations

FILE - Karim Khan, Chief Prosecutor of the International Criminal Court looks up prior to a press conference in The Hague, Netherlands, July 3, 2023.

THE HAGUE, Netherlands — In an unprecedented move, the embattled chief prosecutor of the International Criminal Court was suspended from his duties late Monday, after the court’s oversight body referred British barrister Karim Khan for disciplinary proceedings.

The 56-year-old is facing allegations of sexual misconduct with a female aide, in a scandal that has dragged on for more than two years. He has steadfastly denied any wrongdoing.

A final decision on Khan’s fate is now up to the Assembly of States Parties, the body that oversees the ICC, which will hold a special session to decide if Khan can remain in his job at the global court.

The Bureau of the Assembly of States parties -- the executive committee of the court’s oversight body -- said in a statement that it based its decision “on the report of an investigation undertaken by the United Nations Office of Internal Oversight Services (OIOS), the underlying evidence, the advice of an ad hoc Panel of judicial experts, and written submissions.”

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

The UN investigation found evidence that Khan had “non-consensual sexual contact with (the aide) in his office, at his private residence, and whilst on mission,” according to a copy of its report seen by The Associated Press. However, a three-judge panel selected by the executive committee for a legal assessment of the findings found that the investigation was not conclusive enough.

When contacted for comment, Khan’s legal team said a statement would be issued Tuesday.

Khan had already temporarily stepped down in May 2025 pending the outcome of the investigation. The process is unprecedented for the ICC, and the Assembly of States Parties has had to repeatedly create new rules to accommodate the situation.

The allegations against Khan were first reported to the court’s independent watchdog more than two years ago. An AP 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 non-consensual behaviour 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.

Only the Assembly of States Parties has the authority to remove Khan from office, a move that would require a majority in a secret ballot of its 125 member states. Sixty-three countries would need to support a measure to remove him.

No date was immediately set for the session, but the assembly said it would be convened as soon as possible