Chief prosecutor of the International Criminal Court suspended amid escalating sexual misconduct scandal

The unprecedented decision by the tribunal’s oversight body to refer Karim Khan for disciplinary proceedings plunges the world's permanent war crimes court into deep institutional instability.

ICC Prosecutor Karim Khan at the United Nations.
ICC Prosecutor Karim Khan captured during the UN Security Council meeting on Sudan and South Sudan at the United Nations headquarters, New York City, January 27, 2025. Photo by Michael M. Santiago/Getty Images

In an unprecedented move that plunges the world’s permanent war crimes tribunal into a profound institutional and moral crisis, the embattled chief prosecutor of the International Criminal Court was formally suspended from his duties late Monday. The suspension follows a decision by the court’s governing oversight body to refer the British barrister, Karim Khan, for formal disciplinary proceedings, capping more than two years of internal turmoil, whistleblower leaks, and bureaucratic paralyzation.

The extraordinary directive issued by the Bureau of the Assembly of States Parties—the executive committee representing the court’s 125 member nations—marks the first time in the history of the global tribunal that its top prosecutor has been forcefully sidelined over allegations of personal misconduct. Khan, 56, who has spent years projecting an image of unyielding moral authority while pursuing some of the world’s most notorious accused war criminals, now finds himself fighting for his own professional survival within the very framework of international justice he was chosen to lead.

According to a statement released by the executive committee, the decision to suspend Khan was built upon an extensive evidentiary foundation. The Bureau stated that its intervention was based on an exhaustive report compiled by the United Nations Office of Internal Oversight Services, alongside underlying physical and testimonial evidence, written submissions, and the formal advice of an ad hoc panel composed of independent judicial experts. While the oversight body emphasized that the suspension pending a full assembly review is not a definitive indication of the final disciplinary outcome, the public removal of the prosecutor effectively shatters the operational continuity of his office at a moment of intense global scrutiny.

For the international court, the timing and nature of the scandal are profoundly damaging. Long criticized by detractors as a politically motivated institution, the tribunal must now navigate a highly volatile internal crisis that threatens to undermine the perceived integrity of its ongoing investigations. Khan has steadfastly denied any wrongdoing since the accusations first surfaced, and his legal team indicated that a formal response to the suspension would be issued on Tuesday.

The systemic rot threatening to undo Khan’s tenure began more than two years ago when a series of detailed complaints were first reported to the court’s independent internal watchdog. What followed was a prolonged, quiet investigation that gradually eroded the prosecutor’s standing behind the scenes. According to whistleblower documents and an investigation by The Associated Press, the scandal centers on a pattern of behavior involving a female aide whom Khan allegedly selected for advancement after observing her work in a separate department within the International Criminal Court structure.

Upon moving the woman into his immediate office, Khan allegedly integrated her tightly into his professional circle, making her a frequent and regular presence on high-profile official foreign missions. It was during these trips, away from the bureaucratic oversight of the court’s headquarters in The Hague, that the alleged pattern of nonconsensual behavior escalated into actionable misconduct.

The formal investigation spearheaded by United Nations investigators reportedly uncovered evidence that Khan engaged in nonconsensual sexual contact with the aide across multiple settings, including his private residence, his executive office at the tribunal, and while traveling abroad on official court business. The underlying whistleblower files paint a troubling picture of workplace coercion. On one foreign mission, Khan is accused of asking the aide to rest with him on a hotel bed before sexually touching her against her will. Additional allegations detailed in the investigative file describe Khan locking the door to his executive suite to isolate the aide, placing his hand directly into her garment pocket, and repeatedly soliciting her to accompany him on a private vacation.

Despite these explicit findings, the legal path forward remains complicated by institutional disagreement. While the United Nations investigative body documented evidence of misconduct, a three-judge panel selected by the executive committee to perform a rigorous legal assessment of the case concluded that the findings were not entirely conclusive. This legal ambiguity has turned the crisis into a fierce procedural battleground, pitting traditional standards of proof against the court’s stated commitment to a zero-tolerance policy regarding workplace harassment and abuse of power.

The escalating crisis has forced the International Criminal Court to operate in an administrative vacuum, exposed to intense reputational risk. Khan had already taken a temporary leave of absence in May 2025 as the United Nations probe intensified, but Monday’s formal suspension elevates the matter from a voluntary withdrawal to an adversarial disciplinary process. Because the Rome Statute—the court’s founding treaty—never anticipated an ethical crisis of this magnitude involving its chief prosecutor, the Assembly of States Parties has been forced to repeatedly invent and implement new procedural rules to manage the situation.

The ultimate authority to permanently remove a chief prosecutor rests solely with the full Assembly of States Parties, rather than its executive bureau. To resolve the impasse, the oversight body announced that it would convene an extraordinary special session as soon as possible to vote on Khan’s permanent removal or reinstatement.

Definitively unseating Khan requires an absolute majority of the court’s 125 member states through a high-stakes secret ballot. In practice, at least 63 sovereign nations would need to cast a vote supporting a measure to strip Khan of his mandate. The upcoming session is expected to trigger intense diplomatic maneuvering behind the scenes, as member states weigh the damage of keeping a compromised prosecutor against the institutional precedent of removing a top official before a formal conviction.

A broader shadow over global justice

The domestic scandal enveloping Khan threatens to overshadow the fragile legal legacy he sought to build on the world stage. Known for his aggressive prosecutorial style, Khan frequently clashed with powerful sovereign states, asserting that international law must apply equally to global superpowers and developing nations alike. His defenders have long insinuated that the allegations against him could be weaponized by state adversaries eager to undermine his office’s work. However, the independent nature of the United Nations investigation and the severity of the documented workplace misconduct have made those claims increasingly difficult to sustain.

The suspension severely complicates the internal culture of an institution that routinely handles cases involving mass sexual violence and systemic human rights abuses. Critics point out the deep hypocrisy of an agency prosecuting international gender-based crimes while struggling to protect its own staff from high-level predation within its headquarters.

As the international legal community awaits the scheduling of the extraordinary assembly session, the daily operations of the Office of the Prosecutor will likely be managed by a designated deputy. Yet, the moral authority required to issue arrest warrants and lecture sovereign states on the rule of law has been severely diminished. By forcing Khan out of his office, the oversight body has signaled that institutional survival must take precedence over personal reputations. However, the upcoming special session will determine whether the tribunal can successfully excise the rot at its core, or if the court will remain permanently weakened by the actions of the man chosen to be its public conscience.

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