The International Criminal Court (ICC) has faced ongoing challenges since its establishment 24 years ago, with its leadership marred by allegations of misconduct and a broader debate over the court’s effectiveness and credibility. The recent dismissal of Karim Khan KC, who served as chief prosecutor for five years, has reignited concerns about the tribunal’s internal operations and its role in delivering international justice.
Karim Khan was removed from his position amid allegations of sexual misconduct, which he denies. His departure followed prolonged investigations that began in 2024, involving multiple inquiries and votes within the court. Supporters of Khan argue that the process was lengthy and lacked the procedural rigor expected from an institution of the ICC’s stature. Mark Stephens, co-chair of the International Bar Association’s human rights institute, described the situation as comparable to “a vehicle being repaired while travelling down the motorway,” emphasizing the need for swift, confidential, and rigorous handling of such matters. Khan is reported to be appealing his dismissal, a move that could extend the court’s internal turmoil.
Khan’s predecessor, Fatou Bensouda, who led the court from 2012 until recently and now serves as the Gambian high commissioner to the UK, faced accusations of misleading the court, which she denied. The ICC’s first chief prosecutor, Luis Moreno Ocampo, was similarly dogged by allegations of financial and sexual misconduct that were never formally substantiated. Despite these controversies, no definitive findings of wrongdoing were made against either predecessor.
Established under the Rome Statute and funded by 125 signatory states including the United Kingdom, the ICC has jurisdiction over genocide, crimes against humanity, and war crimes. Its bench consists of 18 judges, supported by roughly 900 staff members and operating on an annual budget exceeding £168 million. However, critics argue that the court’s record is modest given its mandate. A 2022 academic paper from the University of Pennsylvania noted that out of thousands of potential cases, the ICC had indicted only 44 individuals by then, with only 14 cases reaching completion and nine resulting in convictions.
The number of indictments and convictions has increased in recent years amid intensified international crises, notably Russia’s invasion of Ukraine and ongoing conflict in Gaza. The total indictments have risen to 73, with 34 completed proceedings and four new convictions over the past four years.
Some legal experts and observers express skepticism about the ICC’s viability and susceptibility to political pressure. Geoffrey Nice KC, who prosecuted Slobodan Milosevic at the predecessor tribunal for the former Yugoslavia, described international courts as “corruptible,” pointing to flaws in appointment systems and interference from powerful states that inhibit impartial justice. He also characterized the ICC as an “unhappy place” struggling to overcome its troubled history since Ocampo’s tenure.
Within this context, the task facing the next ICC chief prosecutor extends beyond legal prosecutions to restoring trust and institutional credibility. Stephens noted that the future leadership will have to “rebuild confidence in the institution itself” amid public scrutiny and internal discord.
Baroness Helena Kennedy KC, director of the International Bar Association’s human rights institute, acknowledged the necessity of Khan’s removal, emphasizing that misconduct allegations should be judged by the balance of probabilities rather than a criminal standard of proof. She also lamented Khan’s departure, describing him as “a great prosecutor” who appreciated the sentiment in the global south that international justice is unequally applied, particularly between Western and non-Western nations.
As the ICC navigates its leadership crisis and operational challenges, the broader question remains whether it can assert itself effectively as a cornerstone of international criminal justice in a complex geopolitical landscape.