The International Criminal Court's 125 member states voted on Friday, July 25, to remove Chief Prosecutor Karim Khan from office — the first such removal in the court's 24-year history — after concluding he committed serious misconduct and a serious breach of duty. The ouster has no effect on the ongoing Philippine proceedings against former President Rodrigo Duterte.
Historic Vote at UN Headquarters in New York
The vote was held by secret ballot during a special session of the Assembly of States Parties at United Nations headquarters in New York. Assembly President Päivi Kaukoranta announced that 82 of the court's 125 member states voted for removal, clearing the required absolute majority threshold of 63. Thirteen member states voted against, 15 abstained, and 15 did not participate, according to the Assembly.
Kaukoranta said the 82 states found that Khan had engaged in prohibited conduct against a subordinate staff member, constituting serious misconduct and a serious breach of duty.
Allegations Stemming from Assistant's Complaint
The case originated from a complaint filed by a Malaysian lawyer who served as Khan's direct assistant, identified publicly only by her first name, according to legal news outlet JURIST. The Assembly's oversight body commissioned a more-than-year-long investigation by the UN Office of Internal Oversight Services, centering on the former aide's account of non-consensual sexual acts.
Khan took a leave of absence in May 2025 when the inquiry was launched and was suspended by the Assembly's executive committee on June 8, 2026, pending Friday's vote, according to Inquirer.net. The complainant gave a public account of her allegations in a television interview days before the ballot, and has rejected claims that she acted on behalf of any state, according to MSN.
Khan has consistently denied all wrongdoing.
Khan's Lawyers Vow to Challenge Decision
Khan's lawyer, Tayab Ali of Bindmans LLP, said his client would contest the outcome. Ali said a judicial panel had unanimously determined that the OIOS findings did not establish misconduct or breach of duty under the relevant legal framework, and that the Assembly's decision does not follow the evidence or that finding, according to Al Jazeera.
Ali said Khan and his legal team were not permitted to make formal submissions to the Assembly before the vote and described the process as politically driven and procedurally unfair, adding that the Assembly had disregarded due process concerns raised publicly by more than 180 non-governmental organisations and senior international lawyers, according to Fox News.
Kaukoranta rejected that characterisation, stating that the Assembly fully respected Khan's due process rights and that the investigation did find evidence supporting the allegations, according to JURIST.
Duterte Proceedings Continue Under Deputy Prosecutor Niang
Khan's removal does not disturb the Philippine case. He had already been disqualified from the Duterte proceedings in October 2025 after ICC judges found a reasonable appearance of bias, because he had represented victims of alleged extrajudicial killings in the Philippines before taking office, according to Philstar.com.
The Office of the Prosecutor's work on the Philippine situation is led by Deputy Prosecutor Mame Mandiaye Niang, and the ICC has stated that Khan's disqualification has no impact on the case. The court acknowledged the Assembly's decision and said its work would continue without interruption, citing the professionalism of its staff throughout the process, according to Inquirer.net.
Duterte's trial is scheduled to open on November 30 in The Hague on three counts of crimes against humanity connected to his anti-drug campaign, according to VERA Files. He has been in ICC custody since March 2025.
US and Israel Respond to Khan's Removal
State Department spokesman Tommy Pigott described Khan as a "quintessential example of the ICC's corruption and abuse of its supposed authority" and said the outcome would have no impact on United States plans to dismantle the court, according to Israel National News.
Secretary of State Marco Rubio announced last week that Washington was launching a comprehensive campaign against what he called the threat the ICC poses to US sovereignty, including pressure on member states to withdraw, sanctions on organisations that cooperate with the court, and entry denials for its staff, according to Euronews. The United States, which is not an ICC member, has sanctioned 11 ICC judges and prosecutors, including Khan.
Israeli Foreign Minister Gideon Sa'ar called the removal long overdue and said the 2024 arrest warrants against Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant should never have been sought and should be revoked immediately, according to The Times of Israel. Those warrants can only be withdrawn by ICC judges and are not affected by Khan's removal.
Election for New Prosecutor and Venezuela's Exit
Khan's dismissal triggers the process for electing a new chief prosecutor, though a vote is not expected before next year, according to Al Jazeera. Hours after the ballot, Venezuela announced it would withdraw from the court, according to The Times of Israel.
By the Numbers
- 82 — member states that voted to remove Khan
- 13 — member states that voted against removal
- 15 — member states that abstained
- 15 — member states that did not participate
- 125 — total ICC member states
- 63 — absolute majority threshold required for removal
- 180+ — NGOs and senior international lawyers who raised due process concerns
- 11 — ICC judges and prosecutors sanctioned by the United States
- 24 years — the ICC's operational history; Khan's removal is the first of its kind
- November 30 — scheduled opening of Duterte's trial in The Hague
- March 2025 — when Duterte was taken into ICC custody
Why This Matters
The removal of Karim Khan marks an unprecedented moment in international justice — no sitting ICC prosecutor has ever been ousted in the court's 24-year history — raising questions about the institution's governance and political pressures it faces from major powers, including the United States and Israel. For the Philippines, the landmark vote carries no procedural consequence: Deputy Prosecutor Mame Mandiaye Niang continues to lead the case, and Rodrigo Duterte's trial on three counts of crimes against humanity remains on schedule for November 30 in The Hague. The concurrent announcement of Venezuela's withdrawal and Washington's stated campaign to dismantle the court signals mounting pressure on the ICC's membership and authority at a critical moment in its history.
Photo credit: Photo from International Criminal Court / ICC