ICC prosecutor suspended
Member states to decide outcome of disciplinary proceedings
Karim Khan KC, who has been on leave of absence from his job as prosecutor of the International Criminal Court for more than a year, was formally suspended yesterday by leaders of the court’s member states.
Acting on behalf of the Assembly of States Parties, its 21-member bureau emphasised that Khan’s suspension should not be taken as an indication of the final outcome of the disciplinary proceedings he faces over allegations of “non-consensual sexual contact”.
Those will be a matter for the full assembly to consider at a special meeting to be convened as soon as possible. However, it’s thought the bureau would not have suspended Khan or sent the allegations to the assembly if the KC had been exonerated by investigators — as he has claimed.
The bureau took a decision on the disciplinary proceedings by qualified majority yesterday and said it would remain confidential. But it’s hard to believe the findings will not become known once they are shared with representatives of 125 states.
Khan has previously demanded a vote from the full assembly. As I reported in April, insiders believed he would secure a majority in his favour and insist on returning to work.
Last month, he again categorically denied allegations of sexual misconduct and inappropriate behaviour towards a member of his staff.
Response
Responding to the bureau’s announcement, Khan's solicitors said:
Mr Khan has consistently and unequivocally denied any wrongdoing. Those denials stand.
The decision is unlawful, procedurally unfair and unsupported by evidence. It disregards the unanimous conclusion of the independent judicial panel appointed by the bureau itself, which found that the evidence and factual findings by [the United Nations office of internal oversight services] “did not establish misconduct or breach of duty under the relevant legal framework”.
That conclusion should have ended the matter. Instead, an executive and political body has purported to substitute its own assessment for that of the independent judges it appointed.
Mr Khan’s legal team will now take all necessary steps to challenge the decision, protect his rights and ensure that due process is upheld.
Further comment will be made in due course.
Update 1130
Taking note of the bureau’s announcement, the court’s president and two vice-presidents observed that “the International Criminal Court is one of the most significant achievements of human civilisation”.