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The International Criminal Court’s chief prosecutor has been suspended with immediate effect after the court’s governing body referred disciplinary proceedings against him to member states following a sexual misconduct investigation.
The ICC, based in The Hague, is a permanent international court created under the Rome Statute to prosecute individuals accused of genocide, war crimes, crimes against humanity and the crime of aggression when national courts are unable or unwilling to act.
Khan became one of the world’s most controversial prosecutors after seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, making his suspension a major development well beyond the court itself. Israel and the United States have rejected the International Criminal Court’s jurisdiction, and neither country is a member of the court.
The Bureau of the Assembly of States Parties to the Rome Statute had decided to refer the disciplinary proceedings against Prosecutor Karim Khan to the full Assembly of States Parties, suspend him from duty pending a final decision and convene a special session to consider the matter, the International Criminal Court’s Presidency said in a Tuesday statement.
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“The Court respectfully invites the Assembly of the State Parties to conclude the process with the highest priority,” the court’s presidency said.
Khan, who has denied wrongdoing, led the court’s controversial push for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for Israel’s war against Hamas in Gaza.
Khan’s suspension followed an 18-month investigation into allegations of sexual misconduct involving a lawyer in his office.
Khan’s lawyers have denied the allegations and called the decision “unlawful, procedurally unfair and unsupported by evidence.”
The findings have moved through several layers of review.
A U.N. Office of Internal Oversight Services investigation found evidence supporting the allegations, while a separate judicial review found the evidence was not enough to prove misconduct beyond a reasonable doubt, Reuters reported. The Assembly of States Parties Bureau, which oversees the court on behalf of member states, nevertheless found that Khan had committed serious misconduct involving nonconsensual sexual activity and recommended his removal, Reuters reported.
The disciplinary probe found Khan had engaged in “serious misconduct” and a “serious breach of duty,” The Associated Press reported.
The case now goes to a special session of the Assembly of States Parties, the International Criminal Court’s 125 member governing body. The final decision lies with the assembly and a date for the special session has not yet been set.
Liz Evenson, international justice director at Human Rights Watch, told Fox News Digital that, “The fact that states parties appear to be taking this seriously is important but the decision is confidential so we can’t comment on it. We will be monitoring next steps closely. Meanwhile, state parties should continue to support the court in its important work across its docket.”
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The International Criminal Court issued arrest warrants for Netanyahu and Gallant in November 2024 after Khan requested them months earlier. Israel and the United States condemned the move, accusing the court of equating Israeli leaders with Hamas terrorists.
The Trump administration sanctioned Khan in February 2025 over the court’s actions targeting Israeli officials, under an executive order targeting ICC officials involved in actions against the U.S. or its allies. The order authorized asset freezes and U.S. entry restrictions, and Treasury later added Khan to its sanctions list.
U.S. Ambassador to the United Nations Mike Waltz told Fox News Digital that the U.S. position on the International Criminal Court “has never wavered.”
“We oppose any overreach by the ICC against the United States or our allies. Period,” Waltz said. “And we expect our partners to stand shoulder-to-shoulder with us against these outrageous actions.”
Waltz said the U.S. is watching the disciplinary proceedings against Khan, while declining to comment on the specifics of the case.
“As for the situation with Prosecutor Karim Khan, this is a bit rich that this prosecutor sought to jail a democratically elected prime minister and now we are tracking his immediate suspension and the ongoing disciplinary proceedings,” Waltz said. “Of course, we aren’t going to comment on the specifics of that case while it plays out.”
The suspension drew immediate reaction from Israeli officials, who argued that the decision further undermines the court’s case against Netanyahu and Gallant.
“Want to divert attention from sex crime accusations? Just make up war crime accusations against Israel! Classic,” Netanyahu wrote Wednesday on X. “The ICC is corrupt to the core.”
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Israel’s ambassador to the United Nations, Danny Danon, told Fox News Digital that Khan’s suspension proves the International Criminal Court’s problems go beyond one prosecutor.
“The International Criminal Court’s decision to immediately suspend the Chief Prosecutor in The Hague, Karim Khan, following the UN investigation, proves that this body is rotten to the core,” Danon said. “Now is the time to cancel the absurd indictments against Prime Minister Netanyahu!”
Anne Bayefsky, president of Human Rights Voices and director of the Touro Institute on Human Rights and the Holocaust, told Fox News Digital that the scandal has damaged the credibility of the entire court.
“The astounding story of the world’s International Criminal Court and its lead prosecutor headed by a criminal, an allegedly rapist, is not just about one rotten apple,” Bayefsky said. “The entire ICC machine let the process to hold Khan to account drag on for two years after his crimes were first reported.”
Bayefsky argued that the court’s actions against Israeli officials should now face renewed scrutiny.
“ICC judges decided that Khan’s efforts to criminalize Israel’s Prime Minister and Defense Minister weren’t tainted by the clear evidence that Khan was trying desperately to use his attack on Israelis to save himself,” Bayefsky said. “Khan has taken the credibility of the whole shameful ICC apparatus down with him.”
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The Presidency said the court’s leadership remains committed to “independent and impartial proceedings,” recognition and redress for victims of mass atrocities, and the “dignity, rights and aspirations” of court personnel.
The statement also sought to defend the institution itself, calling the ICC “one of the most significant achievements of human civilisation” and saying the court has a duty to protect “the proper functioning of the Court as a whole and its reputation,” the integrity of judicial proceedings, the rights of victims and suspects, and the well-being of court staff.
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The court did not say whether Khan’s suspension would affect the cases involving Netanyahu and Gallant.
Fox News Digital has reached out to the International Criminal Court and the U.S. Mission for comment.
