Diplomatic officials managing the oversight body of the International Criminal Court concluded that Chief Prosecutor Karim Khan maintained an improper sexual relationship with a junior staff member and must be dismissed, according to two copies of the decision.
This is the first time details have been reported regarding the decision on the misconduct charges filed by a female attorney in 2024 against Khan, a 56-year-old British lawyer, including the recommendation for his termination.
The decision of the Executive Bureau of the International Criminal Court governing body will impact a vote on his fate by the 125-member Assembly of States Parties of the International Criminal Court, which will take place in New York on July 24. Officials at Reuters wrote that experts are finding it difficult to assess what the state representatives will decide.
Khan repeatedly denied the offense. "The decision is unlawful, procedurally unfair, and unsupported by evidence," his lawyers said in responses sent to Reuters on Tuesday. They cited a review by judges that found the evidence insufficient to prove the allegations "beyond a reasonable doubt."
The bureau overrode the advisory opinion of the three external judges and ruled that it possessed sufficient evidence to reach a decision, citing a report from a year-long UN special investigation commissioned by the court.
"The evidence proves beyond a reasonable doubt that the prosecutor... maintained a sexual relationship with (the victim)," stated a copy of the June 8 decision reviewed by Reuters. The relationship began in March 2023 and "escalated over time, and in the context of the power imbalance, a sexual relationship could never be appropriate." The 27-page document, which was presented to Reuters by two independent sources, determined that Khan committed a serious breach of duty and severe misconduct.
"His behavior escalated over time, and as a result, he engaged in non-consensual sexual contact with her in his office, in his private home, and during an official mission," the document quoted the UN report as determining. The bureau recommended "removing the elected official, Chief Prosecutor Karim Khan, from his position," the document stated. At least 63 out of the 125 member states of the global criminal court are required to approve his dismissal.
