Key facts
- Nine Palestinian human rights organizations have warned that the disciplinary process against ICC chief prosecutor Karim Khan is politicized and denies due process.
- The organizations stated that the process has become a 'political referendum' that risks undermining the court's independence.
- The Assembly of States Parties (ASP) is set to vote on Khan's future on July 24.
- An independent judicial panel found insufficient evidence of misconduct against Khan, contradicting the ASP bureau's decision to suspend him.
- Khan has denied all allegations of misconduct.
- The Palestinian groups linked the process to efforts to shield Israel from accountability for alleged war crimes in Gaza.
Nine leading Palestinian human rights organizations have warned that the disciplinary process against suspended International Criminal Court (ICC) chief prosecutor Karim Khan is politicized and denies due process, potentially undermining the court's independence. The organizations, including Al-Haq and Al Mezan Center for Human Rights, stated in a joint statement that the process has been reduced to a 'political referendum' that dangerously opens the court to political overreach.
These concerns come ahead of a special session of the ICC's Assembly of States Parties (ASP) on July 24, where member states will vote on Khan's future. Khan was suspended by the ASP's bureau on June 8 after a majority of its 21 member states found he had committed 'serious misconduct.' However, an independent panel of three senior judges, appointed by the bureau, had previously concluded in March that the evidence did not establish misconduct to the required standard, finding 'entirely conflicting accounts' and largely hearsay evidence.
The Palestinian groups criticized the bureau's decision to proceed despite the judicial panel's findings, noting that the bureau, composed of diplomats, lacks the legal expertise to make such assessments and did not have the same timeframe to examine the evidence. They also pointed to 'rushed amendments' to the voting process that lowered the threshold for removing the prosecutor, dismantling important checks and balances.
Former EU high representative Josep Borrell has accused the US and Israel of using misconduct allegations to 'defang' the ICC. The allegations against Khan unfolded in April 2024, coinciding with a campaign by the US and its allies to disrupt the ICC's investigation into alleged Israeli war crimes in Gaza. Khan's decision in May 2024 to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant prompted retaliatory US sanctions.
The Palestinian organizations linked the disciplinary process to a pattern of states working to shield Israel from ICC accountability, warning of a 'grave potential' for political influence and a 'very serious risk' that member states will prioritize national interests and support for Israeli impunity over the integrity of the court.