onday, the Bureau of the Assembly of States Parties (ASP), the ICC’s governing body, announced that disciplinary proceedings against Khan would now be referred to all 125 member states for consideration during a special session.
The bureau clarified that the suspension should not be interpreted as a final determination of guilt or innocence.
“This suspension is not an indication of the final outcome,” the statement read.
According to the bureau, the decision followed a review of findings from a United Nations investigation, recommendations from an independent panel of judicial experts and written submissions related to the case. However, details of the proceedings and supporting documents will remain confidential.
Khan, through his legal representatives, strongly denied the allegations and criticised the suspension decision.
“The decision is unlawful, procedurally unfair and unsupported by evidence,” his lawyers said in a statement.
The British barrister rose to international prominence after seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity linked to the Gaza conflict.
He also pursued arrest warrants for senior Hamas leaders, including Yahya Sinwar, in connection with the October 7, 2023 attacks on Israel.
Khan’s actions drew backlash from the United States, which imposed sanctions on him after the ICC moved against Israeli officials.
Reports by Reuters and the Associated Press indicated that a UN-led investigation found a “factual basis” for allegations made by a female aide accusing Khan of sexual misconduct. However, a separate judicial review panel reportedly found the evidence insufficiently conclusive.
Khan’s legal team has maintained that the judges involved in the review unanimously determined that the findings did not establish misconduct or breach of duty.
The prosecutor has been on voluntary leave since May as investigations continued and had already stepped away from several high-profile cases, including proceedings involving former Philippine President Rodrigo Duterte.
Khan is the first ICC chief prosecutor to face formal suspension by the court’s oversight body.
Any permanent removal from office would require a majority vote by the Assembly of States Parties in a secret ballot, meaning at least 63 member countries would need to support the move.
The ICC has not yet announced when the special session will be held.
