Will ICC's Khan be held accountable?

"Today, the court faces a precipice of its own making: a decision to be made by states on whether to remove the public face of the International Criminal Court (ICC), the prosecutor.

Since the first news was made public in October 2024 that Karim Khan, the ICC’s prosecutor was being accused of sexual misconduct, there has been a confusing process of investigation. Very little has been made public officially. But stunning leaks have emerged in the media, of an alleged inappropriate relationship between the prosecutor and one of his subordinates – that he denies. And of additional allegations of retaliation or interference in the probe, again denied by Khan. Last but not least, the matter has become entangled in speculation on a connection between the allegations and the court’s issuance of arrest warrants against senior Israeli officials. To make matters worse, the lack of clarity about the procedure launched by the main ICC oversight body – the 21-person Bureau of the Assembly of States Parties (ASP) – has led to worry about its fairness.

What is happening now

In November 2024, the president of the ASP Finnish ambassador Païvi Kaukoranta told states that “given the particular circumstances of this case”, and because of “perceptions of possible and future conflicts of interest”, she had commissioned “[an] external investigation into the matter”. The court’s own Independent Oversight Mechanism, which had looked into the matter during 2024, had for its part reported that since they had not had the cooperation of the alleged complainant, it could proceed no further.

Since then, in June 2025, an ad hoc panel of judges was appointed to examine the results of the external investigation – done by the oversight division of the United Nations (OIOS) and report back to the ASP President within 30 days. The three judges were initially due to submit their report in January, but their mandate was extended to 9 March.

The president of the ASP is therefore due to receive their report this Monday..."