DIPLOMATS representing the 125 member states of the International Criminal Court (ICC) will decide the future of chief prosecutor Karim Khan on Friday as the embattled tribunal faces one of the most significant challenges in its 24-year history.
The ICC’s Assembly of States Parties (ASP) is holding a special session at United Nations headquarters in New York to determine whether Khan should be permanently removed from office following a disciplinary process into allegations of sexual misconduct involving a female aide.
Foreign news agencies reported that the proceedings will conclude with a secret ballot, with a majority vote required to approve a resolution ending Khan’s tenure as the court’s top prosecutor.
Khan, a 56-year-old British barrister, has consistently denied the allegations, which first emerged in 2024 and have since disrupted his leadership of the ICC’s prosecution department.
The controversy has continued for more than two years and comes at a time when the ICC is already facing mounting political pressure, including from the United States, which has long criticised the court and recently announced a campaign aimed at dismantling the institution.
Khan was suspended from his duties in June after the executive committee of the ICC’s oversight body concluded that he had committed "serious breach of duty and serious misconduct" by engaging in a "sexual relationship ... (that) escalated over time" and allegedly attempting to prevent the woman from pursuing her allegations, according to documents reviewed by The Associated Press.
Khan has rejected those findings.
The final decision now rests with the ASP, with member states set to determine whether the disciplinary findings warrant his permanent removal.
Khan will not attend the closed-door meeting after being barred from entering the United States following sanctions imposed by the Trump administration over the ICC’s investigation into Israeli officials regarding alleged conduct during the Gaza conflict.
His lawyers criticised his absence, arguing that he should be allowed to defend himself before facing what they described as the most serious professional sanction.
"We know of no court or tribunal in any proper and fair legal system that bars a person facing the gravest professional sanction from being heard," Tayab Ali and Sareta Ashraph wrote in a letter to the ASP seen by The Associated Press.
Khan also enters the vote suspended from practising law in the United Kingdom after the British Bar Standards Board halted his licence pending a separate investigation into the allegations.
The outcome of the secret ballot remains uncertain. The Netherlands, the ICC’s host country, is the only member state to have publicly declared its position, with Foreign Minister Tom Berendsen informing parliament that the country would support Khan’s removal.
Gaza Investigation Adds Political Complexity
The disciplinary case has become closely linked with the ICC’s investigation into the Gaza war, adding further political sensitivity to the proceedings.
"Political considerations have been folded into this, especially as it is the first time a prosecutor has pursued warrants against a western ally," said Iva Vukusic, a researcher at Utrecht University who has been monitoring the process.
In 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged crimes against humanity linked to the conflict in Gaza.
The move triggered significant backlash, including multiple rounds of sanctions imposed by the Trump administration against Khan and other ICC officials.
A Divided Court Faces Uncertain Future
The lengthy disciplinary process has deepened divisions within the ICC at a time when the institution is already under severe pressure.
"There has been splintering over how the court has handled this," said Lucy Gaynor, a historian specialising in international criminal tribunals at the University of Amsterdam.
In April, staff members from the ICC prosecutor’s office raised concerns with the oversight body over the possibility of Khan returning to his post, stating that his "leadership has been materially diminished."
Last week, a group of Palestinian organisations also criticised the disciplinary proceedings, accusing the executive committee of "unwarranted political interference" and "subverting the disciplinary process."
The allegations against Khan relate to his conduct between 2023 and 2024. The woman who made the allegations worked under Khan at the ICC headquarters in The Hague and has claimed that he engaged in coercive and non-consensual sexual behaviour over an extended period.
The alleged incidents reportedly took place during official travel, at Khan’s office and at his residence.
Khan’s legal representatives have repeatedly denied the accusations, saying he "categorically denies" claims that he harassed or mistreated anyone, misused his authority, or engaged in conduct that could be interpreted as coercive, exploitative or professionally inappropriate.
The ICC governing body said its decision to suspend Khan was not a final determination and was based on a United Nations watchdog report, advice from judicial experts and written submissions from Khan and the alleged victim.
Should Khan be removed, a successor will have to be elected at a later date, while the prosecutor’s office is currently being managed by his two deputies.
Observers warned that regardless of the outcome, the ICC could emerge weakened from the dispute.
"The court is going to walk away bruised and battered and wounded and less able to face the greater threats," Vukusic said. - July 24, 2026
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