Member states of the International Criminal Court (ICC) have voted to dismiss Chief Prosecutor Karim Khan after finding that he committed serious misconduct and a serious breach of duty, ending his tenure as the court’s top prosecutor.
The decision was made on July 24 during a special meeting of the Assembly of States Parties (ASP), the ICC’s governing body. According to Reuters, 82 of the court’s 125 member states voted in favor of Khan’s dismissal following the completion of an independent disciplinary process.
Khan has denied the allegations against him and said he intends to challenge the decision through the available legal procedures. Reuters reported that the case stemmed from findings that he had engaged in an inappropriate sexual relationship with a junior ICC lawyer, conduct the Assembly determined amounted to serious misconduct and a breach of duty.
Announcing the outcome, the Assembly of States Parties said it had “decided to dismiss the Prosecutor from office” after completing the disciplinary process provided for under the Rome Statute.
Khan, who took office in June 2021 for a nine-year term, became the third Chief Prosecutor of the ICC. During his tenure, he oversaw investigations and prosecutions involving Ukraine, Sudan, Afghanistan, Myanmar and the Palestinian territories, among other situations under the court’s jurisdiction. He also sought arrest warrants against several senior political and military leaders in high-profile international cases.
His dismissal does not affect existing ICC investigations or arrest warrants. Under the Rome Statute, arrest warrants are issued by ICC judges after reviewing applications filed by the prosecutor. As a result, warrants issued during Khan’s tenure remain legally valid unless the court decides otherwise.
Reuters reported that the Assembly will begin the process of selecting a new Chief Prosecutor, while the Office of the Prosecutor will continue operating under its remaining senior officials to ensure ongoing investigations and court proceedings continue without interruption.
The dismissal is the first of its kind since the ICC was established in 2002 under the Rome Statute. The court was created to investigate and prosecute individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression when national jurisdictions are unable or unwilling to do so.