In an unprecedented development for the International Criminal Court (ICC), the court’s 123 member states will convene, The Assembly of States Parties (ASP), the court’s governing body, will hold a secret ballot on Friday at United Nations Headquarters in New York, to decide whether to remove Chief Prosecutor Karim Khan from office over unproven allegations of professional and sexual misconduct. This vote marks the first time in the ICC’s 24-year history that member states have been asked to remove a sitting chief prosecutor from their post, a moment that threatens to shake the foundation of the world’s preeminent international war crimes tribunal.
To pass the motion to dismiss Khan, an absolute majority of 63 votes is required. But even before ballots are cast, the process has been mired in controversy over procedural unfairness and widespread claims of political manipulation. Khan’s legal team has already sounded the alarm that they have been completely barred from participating in Friday’s session, denied the basic right to mount a formal defense of their client ahead of the vote. In a public statement released Tuesday, attorneys Tayab Ali and Sareta Ashraph condemned ASP President for shutting down every formal avenue through which they could address the full assembly, and for pressuring all member states to refuse informal meetings with the legal team.
“The right under the rules to address you on the substantive decision of misconduct has been flatly denied to us,” the statement read. “We know of no court or tribunal in any proper and fair legal system that bars a person facing the gravest professional sanction from being heard.” The result of the secret ballot is expected to be announced publicly by the end of Friday.
The vote centers on disputed findings released by the ASP Bureau last month, which concluded Khan engaged in an inappropriate sexual relationship with a female staff member in his office, identified by CNN as “Sarah”, citing an unacceptable power imbalance between the prosecutor and the complainant. But the Bureau’s findings directly contradict earlier legal and investigative conclusions, and they even diverge from the core of the complainant’s own account. Sarah has publicly stood by her allegation of non-consensual sexual conduct, while Khan has repeatedly and categorically denied any sexual relationship ever took place.
The allegations first triggered an external investigation conducted by the United Nations Office of Internal Oversight Services (OIOS), which also examined three separate claims that Khan retaliated against ICC staff who raised concerns. After the OIOS compiled its evidence, a three-judge independent panel was tasked with reviewing the probe’s findings to determine if misconduct had been proven under the “beyond a reasonable doubt” standard required by court rules. In March, the panel delivered a unanimous ruling: the OIOS investigation failed to establish any misconduct or breach of duty by Khan. The ASP Bureau has also declined to uphold any misconduct findings related to the retaliation claims.
Despite this independent judicial clearing, a majority of ASP Bureau members voted to disregard the panel’s conclusion and move forward with dismissal proceedings, suspending Khan and referring the matter to the full membership for a final vote. Critics have widely panned this decision as proof the entire process has been politicized, a charge that has gained further traction after the Bureau altered long-standing voting rules specifically for this case.
Originally, removal proceedings required a two-stage vote: members would first vote on whether misconduct was proven, then vote separately on whether removal was justified. The Bureau changed the process to a single up-or-down vote on a combined motion that both accepts the Bureau’s finding of serious misconduct and approves Khan’s immediate dismissal. Khan’s legal team has decried this mid-process rule change as fundamentally unlawful and unfair, noting that altering procedures to the disadvantage of an individual facing professional ruin without advanced notice violates basic standards of due process.
Political context has only deepened concerns about the politicization of the process. The disciplinary proceedings against Khan were initiated shortly after he made the landmark decision two years ago to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and three senior Hamas leaders, over alleged war crimes committed during the ongoing Gaza conflict that began in October 2023. Last month, U.S. Secretary of State Marco Rubio issued extraordinary open threats to “dismantle the ICC brick by brick” if the court continued its work on the Palestine investigation, and the U.S. has already imposed sanctions on most ICC judges and prosecutors including Khan over the Palestine and Afghanistan investigations.
Over 160 Palestinian civil society and human rights organizations released a joint statement last week arguing that the disciplinary process against Khan “has been reduced to a political referendum following the national interests of individual States Parties.” Former European Union foreign policy chief Josep Borrell has also openly criticized the ASP, saying the body is holding a “political vote” to oust Khan despite the judicial panel’s unanimous finding clearing him of all wrongdoing. Borrell emphasized that the campaign against Khan is part of a broader global offensive targeting the ICC’s independence, directly tied to U.S. and other powers’ opposition to the arrest warrants for Israeli and Hamas leaders.
A full timeline of the allegations also undermines claims that Khan rushed the arrest warrant application to distract from the misconduct claims. Multiple independent reports have confirmed that the decision to move forward with the warrants was made six weeks before the allegations against Khan were first made public in May 2024, and the official application was submitted after the first internal ICC investigation into the claims had already been opened and closed due to the complainant’s refusal to cooperate with the court’s own oversight body. The allegations resurfaced publicly in October 2024, leading to a second internal investigation that again closed when the complainant declined to participate, prompting the ASP to commission the external OIOS probe.
If the motion to dismiss Khan passes, the removal would take effect immediately, and new elections for chief prosecutor would be scheduled shortly after. Khan has already confirmed he will appeal any dismissal ruling to the International Labour Organization’s Administrative Tribunal, the independent body that handles employment appeals for ICC staff.
Elected as the third ICC chief prosecutor in the court’s history in February 2021, Khan has pursued an unusually broad agenda during his tenure, opening investigations and pursuing arrest warrants against sitting and former heads of state including Russia’s Vladimir Putin, former Philippine President Rodrigo Duterte, Myanmar’s junta leadership, and Taliban officials in Afghanistan, in addition to the warrants he is pursuing for Israeli and Hamas leaders. Now, both Khan’s personal future and the institutional independence of the ICC hang in the balance, as member nations prepare to cast a vote that could reshape the court’s legacy for decades to come.