The International Criminal Court now faces a complicated process to appoint a new prosecutor following the dismissal of Karim Khan, officials and observers say. The search comes as a diplomatic campaign by the United States has intensified and a growing number of member states have begun formal withdrawal procedures.
This week Chad officially launched the formal process to leave the court, becoming the fifth state in recent months to do so after Venezuela, Burkina Faso, Mali and Niger. Chad’s announcement arrived just days after 82 of the court’s 125 member states voted to remove Karim Khan from office for serious misconduct.
That vote triggered the start of an election process to fill the prosecutor’s office, but the precise mechanism and timetable remain to be determined by the court’s governing body. Officials indicate a vote is not expected before the start of the new year, as member states work to agree on the procedure.
Following Khan’s removal, the court said it would continue to carry out its responsibilities. "The ICC remains firmly committed to advancing accountability and delivering justice for victims of crimes that deeply shock the conscience of humanity," the institution said in a statement.
In the interim the office of the prosecutor will be led by the existing deputy prosecutors, Nazhat Shameen Khan of Fiji and Mame Mandiaye Niang of Senegal, who will jointly manage the office while member states determine next steps.
Observers warn the search for a new prosecutor may be hampered by a heightened environment of diplomatic pressure. Melanie O’Brien, professor of international law at the University of Western Australia, noted the deterrent effect such pressure could have on potential nominees: "Who is now going to want to nominate for a position that has such challenges, because they know they will automatically be sanctioned by the U.S.," she said.
Part of the strain on the court stems from U.S. demands related to specific investigations. Washington has sought the court’s withdrawal of arrest warrants against Israeli leaders over Gaza and has pushed for the ICC to end investigations into alleged crimes involving U.S. troops. Officials have indicated they were considering pressuring countries to withdraw from the court, a factor that has coincided with recent notifications of withdrawal by several states.
Both Chad and Venezuela, which has recently begun the formal procedure to exit the court, accused the institution of focusing disproportionately on non-Western states. Earlier in July three military-led African states - Burkina Faso, Mali and Niger - formally notified their intent to withdraw, a process that takes one year to take effect under the court’s rules.
Major backers of the court, including the European Union and several significant contributors such as the Netherlands and Japan, have publicly expressed support for the institution and concern about the U.S. stance. However, these supporters have not announced any concrete steps to bolster the court’s position beyond their statements.
The Assembly of States Parties (ASP), the court’s governing body, is expected to determine the specific procedure for electing the next prosecutor in the coming months. Legal commentators have criticized aspects of the process that led to Khan’s removal, citing a lack of transparency.
Ezequiel Jimenez Martinez, an author on governance of the court, said the upcoming election will test the ASP’s capacity to manage a politically sensitive process. "The ASP now needs to reassure stakeholders it has the stamina to support the court in its darkest hour and elect a prosecutor worth the office and role," he said.
How the ASP frames and implements the election rules will be closely watched. Many commentators have warned that previous votes were vulnerable to political influence and last-minute procedural changes, concerns that stakeholders say must be addressed if the court is to restore confidence in the integrity of its leadership selection.
Summary
The ICC must identify a new prosecutor after Karim Khan was dismissed by a vote of member states. The process faces obstacles including an increase in state withdrawals, a diplomatic campaign by the United States pressuring the court on particular investigations, and criticism of the transparency of the removal procedure. Interim leadership will be provided by the court’s two deputy prosecutors while the Assembly of States Parties determines election rules and timing.
Key points
- Five countries - Venezuela, Burkina Faso, Mali, Niger and Chad - have started formal withdrawal processes from the ICC; withdrawals take one year to take effect.
- A vote by 82 of the court’s 125 member states removed Karim Khan for serious misconduct and triggered an election process for his replacement, though a vote is not expected before the new year.
- U.S. diplomatic pressure related to arrest warrants and investigations into alleged crimes by U.S. troops may deter nominations and influence state behavior.
Risks and uncertainties
- Potential reluctance of qualified candidates to be nominated due to the risk of diplomatic sanctions, which could weaken the pool of nominees - this affects international legal institutions and diplomatic relations.
- Further withdrawals by member states prompted by perceived bias or external pressure could erode the court’s membership and global standing - this has implications for international justice systems and multi-lateral cooperation.
- Criticism of the transparency and politicization of the removal and election procedures may undermine confidence in the court’s governance and complicate recruitment of leadership - this impacts legal governance and international institutional credibility.