ICC moves ahead with disciplinary proceedings against chief prosecutor Karim Khan

Vote on Wednesday sees 15 in favour, four against, two abstentions for moving forwards with process

A photo of Chief International Criminal Court Prosecutor Karim Khan. PHOTO: FILE

ICC member states have voted to pursue disciplinary proceedings against Chief Prosecutor Karim Khan after receiving reports ​regarding sexual assault allegations against him, two sources briefed on the ‌matter told Reuters, confirming a Wall Street Journal report.

In a vote on Wednesday by a core group of member states, 15 voted in favour, two abstained, and four voted ​against moving forward with the process, said the sources, who spoke on ​the condition of anonymity.

Khan, who investigates war crimes, crimes against humanity ⁠and genocide, has taken leave of absence pending an inquiry into accusations ​of non-consensual sexual interaction with a lawyer in his office. He rejects any ​allegations of wrongdoing.

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The International Criminal Court has been thrust into crisis by the investigations into Khan — its most prominent official — as well as by US sanctions over the court’s actions, ​including arrest warrants for Israeli officials for alleged war crimes.

A report by United ​Nations investigators found a "factual basis" for the allegations of sexual misconduct made by a female ‌aide⁠, and that witness accounts "lend support to her claims", the sources said.

However, a second report by three judges that analysed the UN report found the evidence insufficient to establish the truth of the allegations "beyond a reasonable doubt", they said.

Lawyers for ​Khan told Reuters last week ​that the judges ⁠unanimously concluded that the "factual findings do not establish misconduct or breach of duty."

A group of African states said disciplinary ​proceedings should end, arguing that the judges had exonerated Khan. ​But other ⁠nations, including the court's biggest backers, voted to continue proceedings.

Officials from the prosecutor's office also opposed Khan's continued service as chief prosecutor in a letter read out ⁠at ​Wednesday’s meeting.

The ICC has 125 member states and ​is the world’s criminal court of last resort.

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