ICC oversight body disciplinary probe finds chief prosecutor Karim Khan committed ‘serious misconduct’

THE HAGUE, Netherlands. An investigation into sexual-misconduct allegations against the International Criminal Court’s chief prosecutor, Karim Khan, found that he engaged in “serious misconduct” and committed a “serious breach of duty,” according to documents seen by The Associated Press on Tuesday. The findings come after the court’s oversight body moved to remove Khan from active prosecutorial duties late Monday while disciplinary proceedings are pursued.

The ICC’s internal oversight process is run through the Bureau of the Assembly of States Parties, which includes a 21-member executive committee. That executive committee voted to suspend the British barrister from his duties and to refer him for further disciplinary proceedings, the documents described by AP indicated. The suspension is part of an unprecedented step, according to AP’s reporting, reflecting the governance body’s decision to separate the prosecutor from his office during the disciplinary process.

The investigation centers on allegations that Khan engaged in sexual misconduct with a female aide. AP reported that the matter has dragged on for more than two years. The documents characterized the conduct at issue in terms that, if adopted through the disciplinary system, could carry serious institutional consequences, including potential sanctions related to professional responsibilities.

Khan has denied wrongdoing and has maintained that he did not engage in any improper conduct, according to AP’s account. Through his lawyers, he rejected the allegations, AP reported. The process now shifts from the initial allegations to what the disciplinary route will require next, including the implementation of any investigative conclusions and the handling of the prosecutor’s defense within the ICC’s oversight framework.

The suspension followed the oversight body’s vote Monday to remove Khan from his duties and refer the case onward. That referral is expected to move the matter into additional disciplinary procedures, with the oversight body continuing to manage the case posture while the prosecutor remains out of day-to-day functions.

The ICC’s governance structure is intended to provide internal checks on the conduct of senior officials. A disciplinary process that proceeds with findings of serious misconduct and serious breach of duty can affect not only the prosecutor’s personal standing but also the institution’s legitimacy and continuity of operations, including ongoing work tied to the office of the prosecutor.

No timetable for completion of the disciplinary proceedings was detailed in AP’s description of the documents. For now, the practical impact is that Khan is suspended while the ICC’s oversight bodies evaluate the investigation’s conclusions and pursue the next procedural steps.

The ICC, through its internal oversight bodies, must also address how disciplinary findings are incorporated into the organization’s public record and whether any disciplinary sanctions could affect future assignments. For member states that oversee the court’s administration, the case adds to a period in which internal governance and compliance procedures remain under close scrutiny. The next developments will depend on the disciplinary body’s handling of the investigation record and the opportunity for Khan to respond within the process.