ICC suspends prosecutor over sex abuse claims

The International Criminal Court (ICC) Prosecutor Karim Khan has been suspended pending the final phase of a sexual misconduct investigation and a vote by the Assembly of State Parties.

The bureau of the ASP said it had chosen to escalate the matter to the court’s highest governing body. Khan, a prominent British lawyer, has repeatedly denied the allegations.

In its statement, the bureau noted the decision was reached by a majority, indicating it was not unanimous.

“At its meeting on June 8, 2026, the Bureau of the Assembly of States Parties to the Rome Statute of the International Criminal Court, by qualified majority, decided, in accordance with Rule 28 of the Rules of Procedure and Evidence, to suspend the Prosecutor from duty with immediate effect pending the final decision of the Assembly of States Parties as the competent decision-maker. The Bureau emphasises that this suspension is not an indication of the final outcome,” the statement published on the ICC website and sent to media houses read in part.

The bureau comprises a president, two vice-presidents and 18 members elected by the Assembly for a three-year term. It oversees  management and serves as the ICC’s administrative body.

It said its decision, along with all related documents, would remain confidential.

Khan, who previously served as President William Ruto’s lead lawyer during his ICC case, has repeatedly denied the allegations, which first emerged two years ago. The claims involve a female colleague who alleges coercive and non-consensual sexual conduct over a period of time during work trips, his office and at his home.

Khan was elected by the Assembly of State Parties for a nine-year term, succeeding Gambia’s Fatou Bensouda. The court’s first prosecutor was Louis Moreno Ocampo, who initiated the Kenyan cases.

Witness interference

His position placed him at the centre of a long running sensitivities around Kenya-related proceedings, some of which are still pending when Paul Gicheru surrendered to the court. Gicheru had been accused of witness interference in a case linked to Khan’s former client, President Ruto.

In 2023, the Azimio la Umoja One Kenya Coalition lawyer Paul Mwangi wrote to The Hague alleging a potential ‘conflict of interest.’

In the letter to the Head of of the ICC’s Independent Oversight Mechanism, he argued that Khan’s conduct in Kenya had undermined  victims’ confidence in the pursuit of international justice. Azimio had also threatened to present petitions against government officials over alleged police killings.

At the same time, he alleged that the ICC prosecutor and his wife run charity endeavours in Kenya.

He further alleged that, despite recent engagements and the conferment of an honorary doctorate, the ICC Prosecutor had not formally recused himself from the Kenyan cases.

“Until August 8, 2023, as will be narrated later in this petition, there has been no official recusal of Mr Khan from the four pending matters stated above, nor any known application on his part to the Presidency of the Court to be excused from the situation in Kenya as is contemplated by Article 42(6) of the Rome Statute,” Mwangi stated in his letter dated August 15, 2023.

Khan defeated three other candidates after securing 72 votes from 123 member states, with strong backing from Kenya. He beat Ireland’s Fergal Gaynor, who served as victims’ lawyer in the Uhuru–Ruto trial. Gaynor received 42 votes, Spain’s Carlos Castresana Fernández got five, while Italy’s Francesco Lo Voi secured three. One member state abstained.

Khan would have been elected unopposed, but Mauritius and Spain raised last-minute objections. Mauritius cited concerns over his British nationality, amid tensions linked to the UK’s stance on the Chagos Islands ruling by the Hague-based court.

Kenya’s then ambassador to the Netherlands, Lawrence Lenayapa, opposed Gaynor, arguing he had acted as legal representative in active cases.

“It would be prudent for State Parties to settle for a candidate who would not have to recuse himself from some of the most challenging cases pending before the court,” Lenayapa wrote. “This would undoubtedly weaken the stature of the Office of the Prosecutor,” he said.