ICC prosecutor suspended pending vote on sexual misconduct claims

The International Criminal Court’s chief prosecutor, Karim Khan, has been suspended from his duties, the tribunal’s governing body said, following a probe into sexual misconduct allegations.

In a statement on Monday, the Bureau of the Assembly of States Parties said it will refer Khan to disciplinary proceedings before all 125 ICC member states, which will vote on his fate in a special session.

“This suspension is not an indication of the final outcome,” it said.

The bureau, which is the executive committee of the court’s oversight body, said it referred Khan after making its own decision on the disciplinary proceedings involving the prosecutor.

It said the decision was based on a report of a United Nations investigation, the advice of an ad hoc panel of judicial experts, and written submissions, but did not give details about what it had decided.

“The decision of the ⁠Bureau and the related documentation will remain confidential,” the statement said.

Khan’s lawyers ⁠said in a statement that he rejected the decision in the strongest terms, and repeated his denial of any wrongdoing.

“The decision is unlawful, procedurally unfair and unsupported by evidence,” the statement said.

Khan, 56, drew international attention when he applied for warrants against Israeli Prime Minister Benjamin Netanyahu and then-Minister of Defence Yoav Gallant for war crimes and crimes against humanity committed in Gaza.

He also sought warrants for Hamas leaders, including Yahya Sinwar, for the October 7, 2023, attack on southern Israel.

Khan was among the first to be sanctioned by Israel’s ally, the United States, which expressed outrage over the arrest warrants.

He has maintained that the misconduct probe is a politically motivated smear campaign.

According to Reuters and the Associated Press news agencies, the UN probe found a “factual basis” for the allegations of sexual misconduct made by a female aide. 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.

Khan’s lawyers had previously told Reuters that the judges had unanimously concluded that the “factual findings do not establish misconduct or breach of duty”.

Khan has not led the ICC’s Office of the Prosecutor since ⁠last May, when he took a voluntary leave of absence pending the outcome of the inquiry.