ICC states decision on Karim Khan ‘inherently political’, says leading criminal law expert

International Criminal Court (ICC) lawyer William Schabas has expressed concern over the independence of the next prosecutor following the controversial removal of Karim Khan. The Assembly of States Parties (ASP), the governing body of the ICC, voted on July 24 to dismiss Khan after deciding that he committed serious misconduct and a breach of duty.

This decision was based on a recommendation from the 21-member ASP bureau, which disregarded the conclusion of a three-judge panel appointed by the bureau, which found no wrongdoing based on the UN fact-finding investigation. Schabas criticized the ASP's decision as inherently political and inconsistent with due process, noting that the process was "politicised" and lacking proper judicial determination.

He also pointed out that the ASP's decision did not clearly identify the specific acts that constituted "serious misconduct" and "serious breach of duty." Schabas emphasized that the decision to remove Khan could have significant implications for the ICC's future and the independence of future prosecutors.