Summary: Diplomats on the International Criminal Court's oversight body have recommended the dismissal of Prosecutor Karim Khan after concluding he had an inappropriate sexual relationship with a junior staff member, according to copies of the bureau's decision. The recommendation, which follows a specialised yearlong United Nations investigation commissioned by the court, will be put to the ICC's Assembly of States Parties for a vote on July 24.
The executive bureau - a central group of 21 member states that reviewed the allegations - set aside an advisory opinion produced by three external judges and said it had sufficient evidence to reach a decision. A 27-page decision dated June 8 and viewed by independent sources states explicitly that "the evidence establishes beyond a reasonable doubt that the prosecutor (...) engaged in a sexual relationship with (the victim)."
The bureau's document says the relationship began in March 2023 and that it "escalated over time and that, in the context of that power imbalance, a sexual relationship could never be appropriate." The decision quotes the U.N. report as finding that Khan committed a serious breach of duty and serious misconduct.
Among the more serious findings attributed to the U.N. investigation, the bureau's decision states that "His behaviour escalated over time resulting in him engaging in non-consensual sexual contact with her in his office, at his private residence and whilst on mission." Based on those findings, the bureau recommended "removal from office of the elected official, prosecutor Karim Khan."
Process and next steps
The recommendation from the bureau will inform a vote by the ICC's 125-member Assembly of States Parties scheduled to convene in New York on July 24. For a dismissal to pass, at least 63 member states must vote in favour. The document does not indicate how the Assembly will vote and it remains unclear what the ultimate outcome will be.
Khan, a 56-year-old British barrister and former defence attorney who became the court's prosecutor five years ago, has been on voluntary leave since last May. His deputies have been running the prosecutor's office during his absence. The ICC has suspended Khan, and he is also suspended by Britain’s independent regulator for court lawyers, which will consider his status in the coming weeks.
A spokesperson for the ICC did not comment on the bureau's decision. The bureau itself did not respond to a request for comment.
Defence and competing findings
Khan has consistently denied wrongdoing. In comments provided to Reuters, his lawyers described the bureau's decision as "unlawful, procedurally unfair and unsupported by evidence." They pointed to a review by judges that, they said, found the evidence was insufficient to satisfy the standard of proof "beyond a reasonable doubt."
The bureau, however, chose to rely heavily on the findings of a specialised U.N. investigation that had been commissioned by the court and described the scale of alleged misconduct in its June 8 decision.
Broader context and implications
The allegations and the bureau's findings have deepened an already protracted crisis at the court. The ICC has also been the subject of U.S. sanctions related to its investigations into actions by states including the United States and Israel. The bureau's decision notes that supporters of Khan have argued he has become a political target after the prosecutor sought arrest warrants in 2024 for Israeli officials over Israel's conduct in its war in Gaza, an assertion attributed to his supporters in the available record.
U.S. sanctions have been imposed on 11 ICC judges and prosecutors, including Khan, citing the court's arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, as well as a past probe into alleged crimes by U.S. troops in Afghanistan. The bureau's document reiterates that any arrest warrants already confirmed by ICC judges would remain in place even if Khan were to be dismissed, because those warrants were confirmed by judges within the court's judicial process.
Immediate institutional consequences
The bureau concluded Khan's conduct constituted a serious breach of duty, recommending removal from office. At least 63 of the ICC's 125 member states must vote in favour to effect that removal. While the bureau's recommendation is significant, the Assembly's decision will be decisive for Khan's future at the court.
The full extent of consequences beyond the removal recommendation is not described in the bureau's decision. The document reviewed by independent sources does not detail how the Assembly may act or how member states will position themselves ahead of the July 24 vote.
Note: The information in this article reflects the contents of the bureau's decision and statements provided by the parties and does not extend beyond the material present in those documents.