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International Law

ICC Removes Chief Prosecutor for the First Time in Its History

No sitting chief prosecutor of the International Criminal Court has ever been removed from office, until now.

ICC Removes Chief Prosecutor for the First Time in Its History

No sitting chief prosecutor of the International Criminal Court has ever been removed from office, until now.

The Vote

The Assembly of States Parties, the ICC's 125-member governing body, voted on Friday, July 24, to remove Karim Khan as Chief Prosecutor over findings of serious misconduct and a serious breach of duty involving a subordinate staff member. The vote passed by secret ballot, 82 in favour, 13 against, with 15 abstentions, clearing the majority threshold required for removal. Assembly President Paivi Kaukoranta confirmed the result, stating that the investigation found Khan engaged in prohibited conduct against a member of his own staff. Khan, a British barrister elected to the role in 2021, is only the third person to hold the position since the court's founding in 2002.

Khan's Response

Khan has denied the allegations from the outset and continues to do so. His legal team, led by Tayab Ali of Bindmans LLP, called the decision unsupported by any lawful or properly reasoned finding, and argued Khan was excluded from making formal submissions before the vote. Ali also pointed out that an earlier three-judge ICC panel had unanimously found in March that the factual findings did not establish misconduct, raising questions about how the outcome shifted between that review and Friday's vote.

The Politics Underneath It

Khan's removal cannot be separated from the wider storm around his office. He is the same prosecutor who issued arrest warrants in 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes in Gaza, warrants that triggered fierce backlash from Israel and the United States, including sanctions against ICC officials. Khan's own legal team, along with commentators such as former EU chief diplomat Josep Borrell, have described the removal process as part of a larger, politically driven offensive against the court itself, separate from the misconduct claims.

What Happens Now

Khan's dismissal has no immediate effect on the existing arrest warrants against Netanyahu, Putin, Duterte, or Taliban and Myanmar junta officials, only ICC judges can withdraw those. The Deputy Prosecutors, Nazhat Shameen Khan and Mame Mandiaye Niang, will continue running the office in the interim. An election for a permanent successor is already underway, though it is not expected to conclude before next year.

Why It Matters

Whatever one makes of the underlying allegations, this moment tests something bigger: whether the world's only permanent international criminal court can survive internal scandal and external political pressure at the same time, and still be trusted to hold anyone, anywhere, accountable.

TagsICC, Karim Khan, International Criminal Court, Assembly of States Parties, war crimes, prosecutorial misconduct

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