International law professor William Schabas has expressed his concern over the independence of the next prosecutor of the International Criminal Court following the controversial removal of Karim Khan by member states after an 18-month long misconduct probe.
The Assembly of States Parties (ASP), the ICC’s governing body, voted on 24 July to dismiss Khan after deciding that "the elected official... committed serious misconduct and a serious breach of duty" by engaging in "prohibited conduct against a subordinate staff member".
The opinion was contrary to the conclusion reached by the judicial process established by the bureau - the executive body of the ASP - to make a legal determination on a United Nations fact-finding investigation that outlined the evidence from the complainant, Khan and more than 30 witnesses.
In March, the panel of three judges appointed by the bureau concluded unanimously that the facts presented in the UN probe did not establish any wrongdoing under the relevant legal framework.
The July removal vote was based on the recommendation of the 21-member ASP bureau a month earlier that effectively disregarded the judges' panel opinion, finding instead that Khan committed “serious misconduct” by engaging in a sexual relationship with a subordinate. Khan has denied any wrongdoing.
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