ICC suspends top prosecutor after investigating allegations of misconduct
Anna Holligan,The HagueAnd
Toby Mann
The chief prosecutor of the International Criminal Court (ICC), Karim Khan, has been suspended with immediate effect while an investigation into allegations of misconduct continues.
The decision was made by a group within the ICC’s management oversight body, which also took the matter to the court’s 125 member states.
These states will vote on Khan’s future in a special session to be convened “as soon as possible.” The Monitoring Office stressed that the suspension does not prejudge the outcome of the case.
Khan has repeatedly denied all allegations of sexual misconduct, with his lawyers calling the decision “unlawful, procedurally unfair and unsupported by evidence.”
Previous media reports have cited a document outlining accusations against Khan, which are said to include unwanted sexual touching and “abuse.”
A two-thirds majority would be needed to confirm any finding, followed by a separate vote on whether Khan should be removed from office.
Khan, a prominent British lawyer, has been on voluntary leave to fight the allegations since May 2025.
Whatever the final decision of the 125 member states on Karin Khan’s fate, the controversy is unlikely to end there.
The decision follows a highly sensitive process which has subjected the court to intense scrutiny.
In May 2024, allegations that Khan had engaged in sexual misconduct involving a female staff member were reported to the ICC by a third party.
The court’s Independent Oversight Mechanism (IOM) opened an investigation, but the case was dismissed after the alleged victim refused to participate.
Critics of the process argued that the investigation was mishandled, undermining trust in the IOM.
Investigators ultimately said there was not enough evidence to support the allegations.
A second referral was made in October 2024. The case was then transferred to the United Nations Office of Internal Oversight Services (OIOS), which conducted a broader investigation into the allegations of sexual misconduct and abuse of authority.
This investigation took place from November 2024 to December 2025 and generated more than 5,000 pages of evidence and testimony.
The OIOS findings were then reviewed by a three-judge panel tasked with advising the ASP Office on whether Khan’s conduct constituted serious misconduct, less serious misconduct, or no misconduct.
The allegations took place during a period of exceptional pressure on the ICC.
OTP staff members warned that Khan’s return could damage trust in the institution and expressed concerns about possible reprisals.
Khan’s supporters, meanwhile, say the investigation failed to substantiate the allegations against him.
The controversy also coincided with broader political tensions around the court.
Sanctions against the prosecutor were later expanded to include two deputy prosecutors, eight ICC judges, the United Nations special rapporteur on the occupied Palestinian territories and Palestinian organizations that provided evidence to the court.
The United States, Russia and Israel are not members of the ICC. However, the Court may exercise jurisdiction over crimes committed by their nationals in the territory of ICC member states.
If the ASP requested Khan’s dismissal, he could challenge the decision before the Administrative Tribunal of the International Labor Organization (ILOAT), which hears employment-related appeals involving ICC staff.
Any attempt to remove Khan could therefore trigger a lengthy legal challenge, with the possibility of reinstatement and significant compensation if a court finds that the disciplinary process was flawed.