ICC prosecutor Karim Khan faces removal vote: What’s the case about?

The International Criminal Court convened its member states at the United Nations in New York to determine the future of prosecutor Karim Khan following allegations of sexual misconduct. The 56-year-old barrister has been accused of sexually harassing a junior colleague who served as his direct assistant, charges he categorically denies. According to the accuser, identified only as Sarah, Khan engaged in escalating physical contact including intimate touching, which she characterized as non-consensual given the power imbalance between them.

Khan's legal team, represented by lawyers Sareta Ashraph and Tayab Ali, has mounted a vigorous defense. They assert that Khan denies any form of sexual contact, consensual or otherwise, with the alleged victim. The defense has also highlighted that an independent panel of judges found insufficient evidence to establish the allegations beyond reasonable doubt. Khan's lawyers have criticized the ICC process itself, arguing it violates the court's own procedures and contravenes principles of fair legal process by preventing Khan from attending the vote to answer charges against him, a restriction stemming from U.S. sanctions.

The removal vote required an absolute majority of at least 63 of the court's 125 member states to succeed. The ICC had previously suspended Khan from his official duties pending the vote, a decision based on a United Nations investigative report and recommendations from an ad hoc panel of judicial experts. If dismissed, the process to elect a new prosecutor would commence, though no successor was expected to be appointed before the following year. Notably, any active ICC arrest warrants would remain in effect regardless of Khan's removal, as only ICC judges possess authority to withdraw such warrants.

The case has become intertwined with the ICC's investigation into alleged Israeli war crimes in Gaza. Khan's 2024 decision to seek arrest warrants for Israeli leaders, including Prime Minister Benjamin Netanyahu and then-Defence Minister Yoav Gallant, has added significant complexity to the proceedings and heightened scrutiny of the court's operations.