“Kareem Khan” Challenges the Legality of His Dismissal from the “International Criminal Court” - Sarmad
Khemis Khan, the former Prosecutor of the International Criminal Court, announced his intention to challenge the legality and integrity of the decision by the Assembly of States Parties to the Rome Statute to remove him from office.
This came after the President of the Assembly of States Parties, Paeifai Kokoranta, announced on July 24 that the oversight body had voted to dismiss Khan by a majority of 82 votes out of 125 countries, following allegations of sexual harassment.
In a statement conveyed by his lawyer, Tayeb Ali, a partner at Bindmans LLP, Khan affirmed that the former Prosecutor would challenge the decision “through all available legal mechanisms.”
According to the defense, the Assembly’s decision “is not based on any legal conclusions and is not properly justified” in finding that Khan committed professional misconduct.
The lawyer explained that the allegations against the Prosecutor had been investigated for over a year by the United Nations Office of Internal Oversight Services, which did not establish “any fact of Khan’s misconduct, including sexual misconduct,” in its report.
He further noted that the materials compiled by the UN had been reviewed for three months by an independent body of three judges appointed by the Assembly’s office, which reached a “unanimous conclusion on March 9 that the facts established by the investigation do not support the finding that Khan committed a serious fault or breach of duty.”
Lawyers cited “numerous procedural violations” during the special session concerning Khan’s case. According to them, he was not allowed to submit formal objections to the Assembly, and his representatives were denied the right to attend the session.
Furthermore, the defense alleged that the procedure was altered during the trial. Initially, the Assembly was supposed to establish “the existence of a serious fault” by a two-thirds majority, and only thereafter make a dismissal decision. However, the two questions were merged into a single proposal requiring an absolute majority for adoption.
Khemis Khan, who has served as Prosecutor of the International Criminal Court since June 2021, faced allegations of sexual harassment of a female staff member in his office, prompting a UN investigation.
Although the investigation did not establish that Khan committed any misconduct, according to the defense, the Assembly of States Parties decided to dismiss him, a move described by human rights organizations as “controversial” and raising questions about political pressure on the Court, particularly given its sensitive investigations into war crimes in Palestine.
The decision is currently subject to appeal before the competent judicial bodies, pending a final ruling on the case.
