The ICC Looks Ahead After the Ouster of its Chief Prosecutor

Khan’s removal will have no immediate impact on the arrest warrants which can only be withdrawn by ICC judges.

Originally published by  Associated Press

THE HAGUE, Netherlands (AP) — Supporters of the International Criminal Court were trying to chart a course forward on Saturday, a day after the global institution was plunged into uncharted territory following the ouster of its chief prosecutor over allegations of sexual misconduct.

A lengthy and bruising process ended swiftly and decisively on Friday, when a large majority of the court’s 125 member states voted to remove Karim Khan from his post.

The British barrister was accused of sexual misconduct with a female aide, as outlined by the AP in a series of stories, allegations he has steadfastly denied. According to documents seen by the AP, Khan engaged in a sexual relationship with the woman and tried to prevent her from pursuing her allegations.

Khan's removal comes at a time when the court is already facing daunting challenges, including a campaign by the United States to “dismantle” the ICC, which was established to prosecute people responsible for humanity’s worst crimes.

Supporters of the court are looking forward

Several countries where the ICC has open investigations met together on the sidelines of the event on Friday to discuss the ways out of any potential impasses created by Khan’s removal, according to three senior diplomatic officials familiar with the discussions.

One of the officials said a number of states began planning for how to move forward before the final votes were tallied.

“Whether Khan is removed or not, we must bring everyone back together,” the official said. They all spoke to the AP on condition of anonymity because they were not authorized to speak on the record.

The vote was surprisingly clear

A special session at U.N. headquarters in New York was scheduled to take all of Friday. Instead, a morning motion that would have made it harder to oust Khan failed and diplomats quickly moved forward to vote on removal, several hours ahead of schedule, according to three diplomats familiar with the proceedings.

Iva Vukusic, a researcher at Utrecht University who has been following the process, said she was surprised by how decisive it was. “The numbers indicate that there is more agreement than previously thought,” she told the AP.

Khan’s ouster comes at an already difficult time

The decision comes at a time when the global tribunal is under enormous pressure. U.S. Secretary of State Marco Rubio announced last week that Washington was launching a “sweeping campaign to dismantle the threat posed by the International Criminal Court to U.S. sovereignty.”

Hours after Friday’s vote, Venezuela announced it would withdraw from the court, saying its work reflects a “demonstrated geographical bias.” Félix Plasencia, the country’s foreign affairs minister, made the announcement in a statement.

Trump’s administration already has brought sanctions against Khan and a dozen other ICC staff in retaliation for investigations into Israeli officials in Gaza and U.S. military personnel in Afghanistan.

The allegations became entwined with the court’s investigation into the war in Gaza, with Khan’s supporters arguing that the warrants the court has issued for top Israeli officials, including Prime Minister Benjamin Netanyahu, were at stake.

Palestinian representatives were quick to push back on that narrative. “The vote by the Assembly of States Parties to remove the Prosecutor was not a political proxy vote on any Situation before the ICC,” Palestinian Ambassador to the Netherlands Ammar Hijazi said in a statement.

Khan’s removal will have no immediate impact on the arrest warrants which can only be withdrawn by ICC judges.

The work of the court will continue

Khan’s two deputy prosecutors have helmed the office since he stepped down in May 2025. In a statement, the office of the prosecutor said the pair will continue with its “leadership, management and administration,” until a new chief is selected.

It is not clear yet when member states will be able to decide on Khan’s replacement. His election in 2021 took nearly 18 months and drew criticism from civil society groups over the lack of stringent background checks on the candidates to ensure they met the requirement of “high moral character.”

There may be more legal proceedings to come

The removal vote may not be the end of the process for Khan. He intends to “challenge the lawfulness and fairness of the decision through all available legal mechanisms,” attorney Tayab Ali said in a statement.

There is no appeals process for his removal but all ICC staff are entitled to bring complaints to a special labor tribunal based in Geneva.

Khan’s lawyers criticized the process leading to his ouster, complaining that he was blocked from addressing the session Friday and arguing the regulations had been rewritten to disadvantage him.

On Monday, lawyers and investigators will return to the court’s headquarters in The Hague with at least some clarity about the future. “I hope now the court can move on and focus on its core work of dealing with cases,” Vukusic said.