Diplomats from 125 member nations are meeting at United Nations headquarters in New York on Friday to vote on whether to permanently remove Karim Khan, the chief prosecutor of the International Criminal Court (ICC). The vote comes amid accusations of sexual misconduct against Khan, which he denies.
The Assembly of States Parties, the court's oversight body, will hold a special session culminating in a vote where a majority is needed to oust Khan. The 56-year-old British barrister was formally removed from his duties in June by the court's executive committee following findings of a "serious breach of duty and serious misconduct" related to an alleged sexual relationship with a female aide and attempts to prevent her from pursuing allegations.
Khan will not be present at the closed-door meeting as he is barred from entering the United States. The U.S. previously sanctioned Khan and other ICC staff over the court's investigation into Israeli officials for alleged crimes in the Gaza conflict. Khan's lawyers have protested his absence, arguing that no fair legal system bars a defendant from being heard when facing severe professional sanctions.
Adding to his challenges, Khan is currently suspended from practicing law in the United Kingdom pending an investigation by the British Bar Standards Board into the allegations.
The outcome of the secret vote remains uncertain. The Netherlands, the court's host country, has publicly stated its intention to vote for Khan's removal. The allegations against Khan have become intertwined with the court's investigation into the Gaza war, particularly after the court issued arrest warrants in 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. These actions have drawn significant backlash and led to U.S. sanctions.
Internal divisions have emerged within the ICC regarding the handling of the allegations. A letter from staff members within the prosecutor's office expressed serious concerns about Khan's potential return, stating his "leadership has been materially diminished." Conversely, a group of Palestinian organizations recently issued a letter accusing the executive committee of "unwarranted political interference" and "subverting the disciplinary process."
If Khan is removed, a replacement prosecutor will need to be elected. His office is currently being managed by his two deputy prosecutors. Experts suggest that regardless of the vote's outcome, the ICC will likely emerge from this ordeal weakened and less equipped to address future challenges.