THE HAGUE, Netherlands — Documents obtained by The Associated Press reveal that an inquiry into sexual misconduct claims against the International Criminal Court’s top prosecutor determined he committed “serious misconduct” and a “serious breach of duty.”
On Monday, the 21-member executive committee of the Bureau of the Assembly of States Parties voted to suspend British barrister Karim Khan and send his case forward for additional disciplinary action.
The 56-year-old prosecutor is accused of sexual misconduct involving a female staff member in a controversy that has persisted for over two years. Khan has consistently maintained his innocence throughout the ordeal.
Khan’s legal representatives rejected Monday’s ruling, describing it as “unlawful, procedurally unfair and unsupported by evidence.” His attorneys promised to “take all necessary steps to challenge the decision, protect his rights, and ensure that due process is upheld.”
A U.N. investigation completed in April discovered evidence of “nonconsensual sexual contact” between Khan and his aide “in his office, at his private residence” and during an official mission, according to the report previously reviewed by the AP.
Nevertheless, a three-judge panel chosen by the executive committee to evaluate the investigation’s legal implications determined the U.N. findings lacked sufficient conclusiveness. The ICC functions separately from the United Nations.
Khan had already stepped aside temporarily in May 2025 while awaiting the investigation’s outcome. This marks the first time the court has faced such proceedings, requiring the creation of new policies to handle the situation.
Monday’s statement made no reference to Khan’s alleged victim, who has also been absent from the court on leave.
Danya Chaikel from the International Federation for Human Rights told the AP that excluding the victim’s name demonstrates “the wider problem: the woman at the center of this process is almost invisible, as she has too often been throughout this process.”
The ICC prosecution office stated it remains “acutely aware of the duty of care” owed to all employees and will “continue to place critical importance on ensuring a safe working environment and respectful workplace culture for all personnel.”
The Assembly of States Parties, which provides oversight for the ICC, will make the ultimate determination regarding Khan’s future. The assembly plans to convene a special session to decide whether Khan may continue serving at the international court, though officials have not announced a date for the meeting.
ICC President Judge Tomoko Akane urged the assembly to complete the proceedings “with the highest priority.”
Khan has served as the court’s chief prosecutor since 2021. His duties have been complicated by sanctions imposed on him and other court personnel by the Trump administration due to ICC investigations involving U.S. ally Israel.
