ICC Members to Vote on Firing Prosecutor Khan Amid Misconduct Allegations

Member states of the International Criminal Court (ICC) are set to vote on Friday on the fate of chief prosecutor Karim Khan, who faces allegations of sexual misconduct. The vote, scheduled for 3 p.m. at UN headquarters in New York, could severely damage the tribunal's credibility at a time when the United States is intensifying its attacks on the court.

Khan, 56, denies all wrongdoing. The allegations stem from a junior ICC staffer who claims Khan engaged in a non-consensual sexual relationship with her, citing a significant power disparity. Lawyers for Khan have refuted these claims, stating there was no sexual relationship of any kind and calling the decision leading to the vote unlawful and procedurally unfair. They also pointed to a panel of independent judges who reportedly found no evidence to establish the allegations beyond reasonable doubt.

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The court is already in a precarious state. The Khan situation is a separate but very significant part of the overall perception of the court’s credibility.

The vote requires an absolute majority of at least 63 out of the ICC's 125 member states in a secret ballot. The situation has exposed internal divisions within the court's governing bodies and among member states. If Khan is dismissed, it could be seen as a result of political pressure, particularly following his pursuit of arrest warrants for senior Israeli officials. This would also trigger a process to elect a new prosecutor, which is not expected to conclude before next year. Conversely, if Khan survives the vote, his position would be weakened, providing further ammunition to critics of the court.

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There is no way for something to be consensual when you have such a power disparity.