By Ephraim Agbo
For more than two decades, the International Criminal Court (ICC) has presented itself as the world's ultimate court of accountability—a tribunal designed to prosecute those responsible for genocide, war crimes, crimes against humanity and aggression when national courts fail or refuse to act. It has indicted presidents, military commanders, rebel leaders and heads of state. Yet until now, the institution had never been forced to confront an equally profound question: what happens when the guardian of international justice himself stands accused of misconduct?
That question has now been answered in extraordinary fashion.
In what is arguably the most consequential internal governance decision in the ICC's history, the Assembly of States Parties (ASP)—the court's governing body composed of its 125 member states—voted to remove Chief Prosecutor Karim Khan from office over findings of serious misconduct linked to sexual harassment allegations.
With 82 member states voting in favour of his dismissal, the decision marks the first successful removal of an ICC Prosecutor under Article 46 of the Rome Statute, establishing a precedent that could permanently reshape how the world's highest criminal court governs itself.
But the significance of Khan's downfall extends far beyond allegations against one individual.
His removal comes as the ICC finds itself locked in an unprecedented geopolitical confrontation with some of the world's most powerful governments, particularly the United States and Israel, while simultaneously pursuing historic investigations involving Russia, Myanmar and Sudan.
The timing could scarcely be more consequential.
A Court Forced to Judge One of Its Own
International criminal tribunals are built upon one central principle: no individual should be above the law. That principle has traditionally been directed outward. The ICC has investigated dictators, presidents, generals and armed groups. It has sought accountability for atrocities committed in Africa, Eastern Europe, the Middle East and Asia. Now, for the first time, it has turned that principle inward.
The Assembly concluded that Khan committed both "serious misconduct" and a "serious breach of duty" under Article 46 of the Rome Statute. This was not simply an administrative reprimand. It was the constitutional equivalent of removing the institution's chief executive. Such a decision required an overwhelming consensus among member states because removing a Prosecutor threatens the stability and credibility of the Court itself.
The fact that a clear majority still voted for dismissal illustrates how seriously governments viewed the findings against him.
The Long Road to Removal
The allegations did not emerge overnight. According to reports, they originated nearly two years ago when a junior ICC employee accused Khan of repeatedly sexually harassing her over an extended period. She alleged multiple incidents of unwanted conduct and further claimed that efforts were made to discourage her from reporting the behaviour. Karim Khan consistently denied every allegation. The investigation that followed became one of the most closely watched internal inquiries in the Court's history. Rather than relying on a single review, multiple institutional mechanisms examined the evidence.
A lengthy United Nations investigation reportedly concluded that there was sufficient factual basis supporting allegations of non-consensual physical contact. However, another judicial assessment determined that the evidence did not satisfy the criminal threshold of proof beyond a reasonable doubt. Legally, that distinction matters enormously. Criminal convictions require proof beyond reasonable doubt because liberty—and sometimes life—is at stake. Professional disciplinary proceedings operate differently. Organizations often apply the lower "balance of probabilities" or comparable internal standards when determining whether an official remains fit to hold office. The ICC's oversight mechanisms ultimately concluded that Khan had violated professional standards expected of the Prosecutor.
That recommendation became the foundation upon which member states voted to remove him. The case therefore demonstrates an important institutional principle: An official can fail to meet the criminal standard required for prosecution while still being found unfit to hold public office under disciplinary standards.
Why This Case Is Historically Different
Many organizations dismiss senior officials for misconduct. The ICC is different because of what it represents. Unlike national courts, the ICC derives its legitimacy almost entirely from moral authority.
It possesses no police force. It cannot compel governments to arrest suspects without cooperation. It depends on the confidence of member states. Its greatest asset has always been credibility. Every decision made by the Court is scrutinized not merely as law but as a statement about justice itself. For that reason, removing its Prosecutor carries symbolic consequences far beyond ordinary institutional discipline.
Supporters argue the decision strengthens the Court because it proves that accountability applies equally to its own leadership. Critics fear the opposite—that the scandal weakens confidence precisely when the Court faces its greatest external challenges.
Both arguments contain elements of truth.
The Geopolitical Storm Surrounding the ICC
Karim Khan's tenure coincided with perhaps the most politically explosive period in the Court's existence.
Historically, the ICC was frequently criticised for concentrating investigations in Africa. Many African governments accused it of selective justice, arguing that weaker states faced prosecution while powerful countries escaped scrutiny. Khan sought to change that narrative.
Under his leadership, the Court increasingly pursued cases involving major geopolitical powers.
Among them were:
- Russian President Vladimir Putin over the unlawful deportation of Ukrainian children.
- Senior Israeli leaders, including Prime Minister Benjamin Netanyahu, regarding alleged crimes connected to the Gaza conflict.
- Ongoing investigations concerning Myanmar's treatment of the Rohingya population.
- Continued work on atrocities committed in Sudan and elsewhere.
These decisions fundamentally altered perceptions of the ICC. For supporters, they demonstrated that international justice could finally challenge powerful states rather than primarily African defendants.
For critics, they transformed the Court into an institution deeply entangled in global politics.
Washington's Intensifying Campaign Against the Court
No relationship illustrates that tension more clearly than the ICC's deteriorating relationship with the United States.
Although Washington has never ratified the Rome Statute, successive American administrations have maintained varying degrees of engagement with the Court. That relationship sharply deteriorated following the issuance of arrest warrants involving Israeli officials. The United States responded with sanctions targeting ICC personnel.
Visa restrictions followed. Several officials found themselves personally sanctioned. Khan himself became unable to travel freely to certain jurisdictions. Reports indicate he was unable to attend the Assembly meeting in New York because of restrictions linked to those sanctions.
Meanwhile, influential American political figures have openly discussed dismantling or severely weakening the Court. Whether such rhetoric ultimately translates into long-term policy remains uncertain. What is clear, however, is that the ICC now faces the most sustained political pressure since its creation in 2002.
Khan's removal therefore occurs not during institutional calm but amid a struggle over the future relevance of international criminal law itself.
Was the ICC Protecting Its Integrity—or Exposing Its Fragility?
This is perhaps the central question raised by Khan's dismissal. Two competing interpretations have emerged.
The first sees the decision as evidence that the ICC possesses genuine institutional independence. By removing its own Prosecutor despite the enormous political consequences, member states demonstrated that accountability begins at home. That interpretation strengthens the Court's claim that nobody—not even its highest-ranking official—is above institutional rules.
The second interpretation is less optimistic. It argues that removing the Prosecutor while simultaneously confronting sanctions, geopolitical hostility and high-profile war crimes investigations creates an image of institutional instability. Adversaries of the Court may seize upon the scandal to question its legitimacy. Supporters of individuals already under ICC investigation may use Khan's downfall to attack the credibility of prosecutions initiated during his tenure.
In other words, accountability may simultaneously strengthen the institution's ethical foundation while weakening its political position. This paradox now defines the ICC.
Karim Khan's Complicated Legacy
Before becoming Prosecutor, Karim Khan enjoyed one of the most distinguished careers in international criminal law.
Over three decades he served both prosecution and defence roles before international tribunals. He led the United Nations investigation into crimes committed by the Islamic State in Iraq. His reputation was that of a formidable courtroom advocate capable of handling some of the world's most complex atrocity cases.
His tenure as ICC Prosecutor, however, will likely be remembered less for legal victories than for institutional transformation. He attempted to reposition the Court from an institution perceived as disproportionately focused on Africa into one willing to challenge powerful states. That strategic shift fundamentally altered the ICC's global image.
Whether history ultimately judges it as courageous leadership or politically costly overreach remains an open question. Now, that debate will forever be intertwined with the misconduct findings that ended his tenure.
The Legal Questions That Remain
Khan's legal representatives have already indicated their intention to challenge the Assembly's decision.
Yet the legal terrain is largely uncharted. Because Article 46 has never before been successfully invoked against an ICC Prosecutor, there is little precedent governing how such appeals should proceed.
This means the Court is not merely applying its rules. It is effectively writing constitutional history in real time.
Whatever procedural decisions emerge from this case are likely to influence ICC governance for decades.
A Turning Point for International Criminal Justice
The removal of Karim Khan represents far more than a personnel change.
It arrives at a moment when the very idea of international criminal justice is under intense global scrutiny. Wars continue in Ukraine, Gaza, Sudan and elsewhere. Powerful governments increasingly challenge international institutions. Great-power rivalry is reshaping global diplomacy.
Against that backdrop, the ICC faces two simultaneous tests. The first is whether it can maintain internal integrity by holding its own officials accountable. The second is whether it can continue prosecuting some of the world's most politically sensitive crimes despite unprecedented external pressure.
Success in one area does not guarantee success in the other. Indeed, the Court may discover that institutional accountability, while morally necessary, comes with significant political costs.
The next Prosecutor will inherit more than a portfolio of war crimes investigations. They will inherit an institution confronting a crisis of legitimacy, a divided international order, growing geopolitical resistance, and the challenge of proving that justice can remain independent in an increasingly polarized world.
Karim Khan's removal is therefore not simply the end of one Prosecutor's career. It may well mark the beginning of a new—and potentially defining—era for the International Criminal Court.
Whether history remembers this moment as evidence of institutional strength or the start of institutional decline will depend not on the vote that removed Karim Khan, but on what the ICC does next.