One week ago, several outlets reported on a consequential development in the disciplinary case regarding the alleged sexual misconduct by the International Criminal Court (ICC) prosecutor, Karim Khan. In a confidential report addressed to the Bureau of the Assembly of States Parties (ASP), the judicial experts tasked with assessing the United Nations probe’s factual findings unanimously concluded that no misconduct or breach of duty by Khan could be established under the legal framework.It is now for the 21 ICC states represented on the bureau to decide whether to uphold or depart from the panel’s legal conclusion. If the bureau were to find misconduct of a less serious nature, it could impose sanctions on Khan. A finding of serious misconduct would lead to a plenary ASP vote on the possible removal.A minority of bureau members have reportedly been pushing for the judicial experts’ report to be set aside and for the bureau to substitute its own conclusions for those of the panel. This would be a precarious step. We are concerned that it would undermine the quality of subsequent decisions in Khan’s case and seriously damage the integrity of the ICC’s governance framework. It would also raise serious questions about the state parties’ credibility and their commitment to the rule of law in governing …
