Criminal prosecutor Khan dismissed by ICC over sexual misconduct allegation

New York. Member states of the International Criminal Court (ICC) have voted to dismiss prosecutor Karim Khan after finding that he committed serious misconduct and a serious breach of duty, the court said on Friday.

Diplomats serving on the executive bureau of the ICC’s governing body had recommended last month that the British barrister be removed from office after allegations that he had an inappropriate sexual relationship with a junior ICC lawyer.

A majority of the court’s 125 member states voted to endorse the recommendation.

"The assembly decided by a majority of 82 states parties that the elected official, prosecutor Karim Khan, committed serious misconduct and a serious breach of duty, and to remove Karim Khan from office," ICC governing body president Paivi Kaukoranta said.

Mr Khan, 56, has denied any wrongdoing.

His lawyer, Tayab Ali, said the prosecutor would challenge the decision through all available legal channels.

"Mr Khan will challenge the lawfulness and fairness of the decision through all available legal mechanisms," Mr Ali said.

Mr Khan’s dismissal immediately triggers the process of electing a new ICC prosecutor, although a replacement is not expected to be chosen before next year.

Leila Sadat, a professor of international criminal law at Washington University, said the decision demonstrated the court’s willingness to hold its leadership accountable.

"Members of the court acted swiftly and decisively to remove an embattled and discredited official so that the court can move forward with its important work in all the situations on its docket," she said.

US pressure on ICC

The dismissal comes amid renewed criticism of the ICC from the United States, which has announced a diplomatic campaign aimed at weakening the court, arguing that it threatens its sovereignty.

During a visit to the Philippines on Thursday, US Secretary of State Marco Rubio criticised the ICC, saying no American political or military officials would ever appear before the court.

State Department spokesperson Tommy Pigott welcomed Mr Khan’s removal but said the decision would not change Washington’s position.

"He is only one small cog in this irredeemably corrupt institution. Today’s outcome will have no impact on the United States’ plans to dismantle the ICC," he said.

The US, which is not a member of the ICC, has imposed sanctions on 11 ICC judges and prosecutors, including Mr Khan, over the court’s arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, as well as a previous investigation into US troops in Afghanistan.

Kyra Wigard, an assistant professor of law at Utrecht University, said removing Mr Khan could help strengthen the court’s credibility by showing that its leadership is subject to accountability.

However, she said the ICC still faces major challenges.

"The bigger challenge going forward is whether the court can restore confidence internally and externally while maintaining the perception of independence amid intense geopolitical pressure," she said.

Mr Khan’s accuser spoke publicly for the first time last week in an interview with CNN, repeating allegations that the prosecutor had a non-consensual sexual relationship with her.

Lawyers representing Mr Khan told Reuters that he denied "any sexual relationship of any kind" with the junior lawyer.

The ICC said all active arrest warrants issued by the court would remain valid because only ICC judges have the authority to withdraw them.