How the ICC Prosecutor Who Sought Netanyahu’s Arrest Was Removed

Written by: Seringe ST Touray

Karim Khan, the man who sought and signed International Criminal Court (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israel’s former Defence Minister Yoav Gallant over the war in Gaza, was removed as the court’s Chief Prosecutor last week after the ICC’s governing body, the Assembly of States Parties representing the court’s 125 member countries, found he had committed “serious misconduct and serious breach of duty.”

Khan had been accused by a former female aide of sexual misconduct, including unwanted sexual touching and coercive behaviour during work trips, allegations he has repeatedly denied.

Khan and his legal team argue the proceedings were politically motivated and procedurally unfair, saying he was denied a fair opportunity to defend himself and that the decision came while he and other ICC officials were under U.S. sanctions imposed after the court pursued the Israel case.

His lawyer also argued that the Assembly of States Parties had no constitutional authority to remove an elected prosecutor through a vote, describing the dismissal as unconstitutional and saying it would be challenged.

The vote followed an escalating campaign by the Trump administration against the ICC. Earlier this month, U.S. Secretary of State Marco Rubio announced what he described as a “sweeping campaign” to dismantle the court, saying Washington would encourage member states to withdraw, expand sanctions against those working with the ICC and restrict travel by court officials. Rubio also said the administration would dismantle the ICC “brick by brick” if necessary.

On Friday, 82 of the ICC’s 125 member countries voted to remove Khan, with 13 voting against and 15 abstaining. Israel welcomed the decision, with Prime Minister Benjamin Netanyahu later calling it “a very positive development” and saying it “exposes the truth.” The ICC, however, has said the existing arrest warrants, including those issued against Netanyahu and Gallant, remain unaffected.