Former EU top diplomat denounces ICC bureau’s disregard for judicial findings on Karim Khan

What Happened

Former EU foreign policy chief Josep Borrell denounced the executive bureau of the International Criminal Court’s Assembly of States Parties (ASP) for seeking to remove ICC Prosecutor Karim Khan via a ‘political vote’ on 24 July at the UN, contrary to a judicial panel’s finding that evidence of misconduct was insufficient. The bureau, composed of diplomats from 21 member states, determined by a two-thirds majority last month that Khan committed ‘serious misconduct’ — a conclusion Borrell argued disregarded the panel’s review. He linked the case to a broader US-Israeli offensive against the ICC following Khan’s May 2024 applications for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and three Hamas officials. The bureau also altered the voting procedure from a required two-stage process to a single vote requiring an absolute majority (63 of 125 members) to oust Khan, and reframed the alleged misconduct from non-consensual conduct to a consensual relationship with a power imbalance, a claim both Khan and the complainant deny. Borrell cited US sanctions on 11 ICC officials and a Wall Street Journal article by US Secretary of State Marco Rubio pledging to dismantle the court ‘brick by brick’, as well as reported Trump overtures to China and Russia to join the campaign.

Key Actors

Why It Matters

The vote on Khan’s future represents a flashpoint in the struggle over international criminal accountability in the Israel–Palestine conflict. If Khan is removed, the ICC’s ability to pursue cases against senior Israeli and Hamas leaders could be compromised, emboldening governments that oppose the court’s jurisdiction and potentially weakening the broader international justice system amid heightened geopolitical pressure from the US and its allies.

Watch For

The ASP vote at UN headquarters in New York on 24 July. Monitor whether the altered single-vote procedure is challenged and how member states align. Also watch for any new US sanctions or diplomatic moves ahead of the vote, and the potential fallout for ongoing ICC arrest warrant applications.