International Criminal Court urges judges to consider expert opinions on Khans case

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The International Criminal Court (ICC) prosecutor, Karim Khan, faces a disciplinary hearing after several outlets reported on a confidential report from a panel of judicial experts. The report, addressed to the Bureau of the Assembly of States Parties (ASP), found that no misconduct or breach of duty by Khan could be established under the legal framework.

The 21 ICC states represented on the bureau will now decide whether to uphold or depart from the panel’s legal conclusion. If the bureau finds misconduct of a less serious nature, it may impose sanctions on Khan. A finding of serious misconduct would lead to a plenary ASP vote on possible removal.

A minority of bureau members have reportedly pushed for the judicial experts’ report to be set aside and for the bureau to substitute its own conclusions. This move could undermine the quality of subsequent decisions in Khan’s case and damage the integrity of the ICC’s governance framework.

The ASP has mandated a nonpolitical, quasi-judicial body – a panel of judicial experts – to assess the factual findings reached in the UN investigative report. The experts’ report is not formally binding, as they performed an advisory function. Their mandate was to assist the bureau in reaching a credible and well-founded decision on the legal assessment of the factual findings.

The integrity of the court and the Rome Statute system are at stake in this matter. The ASP initially recognized its limitations in making this legal determination due to the risks of politicization and diminished credibility. It chose an independent and impartial body of judicial experts to carry out the assessment, which is best placed to assist political decision-makers in reaching conclusions that are both well-founded and credible.

The bureau developed a novel procedure for this case and itself chose and appointed the judicial experts. The outcome of this process will be closely watched by diplomats and observers alike.

Source: Al Jazeera