International Criminal Court Prosecutor’s removal: Protecting the Court means defending both its integrity and its independence

28/07/2026
Press release
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JOHN THYS / AFP
  • The International Federation for Human Rights (FIDH) welcomes the Assembly of States Parties’ (ASP) decision which affirms that no elected International Criminal Court (ICC) official is above institutional accountability. This matters not only for the integrity of the institution, but also for everyone who works for, cooperates with, or seeks justice before the Court.
  • At the same time, this decision comes as the Court faces an unprecedented campaign of political pressure and attacks because of its independent work, particularly on the Situation in the State of Palestine.
  • These are distinct issues that must not be conflated. Internal accountability and external attacks on the Court are separate realities, each demanding a principled response.

28 July 2026. The International Federation for Human Rights (FIDH) welcomes the fact that allegations concerning ICC Prosecutor Karim Khan were ultimately subjected to an independent external investigation, requiring States Parties to confront not only questions of individual accountability, but also broader concerns about workplace culture, staff protection, and trust in the Court’s internal accountability mechanisms. The decisive result of the secret ballot also demonstrates that the demand for internal accountability extended far beyond any single regional or political grouping.

FIDH recognises the courage of the complainant in coming forward, as well as that of the ICC staff members who supported her and raised concerns despite the professional and personal risks involved. Their actions were essential to ensuring that the concerns received independent scrutiny and should encourage the Court to foster an environment in which staff can report misconduct without fear of retaliation.

The process leading to this outcome, nevertheless, exposed serious shortcomings from which the Assembly of States Parties must now draw lessons. Future accountability processes for elected ICC officials should be independent, timely, transparent where appropriate, and firmly victim-centred. They must better protect those who report misconduct from retaliation, provide greater clarity on institutional responsibilities, and help foster a workplace culture in which staff can safely come forward. The credibility of international justice depends not only on holding perpetrators of international crimes to account, but also on ensuring that staff whose work is central to those justice efforts can report misconduct within the ICC safely, with dignity and without fear of retaliation.

"Those seeking to dismantle the Court because of its independent work, including on the situation of Palestine, will undoubtedly try to exploit this moment. They must not succeed. No internal accountability process should be weaponised to undermine independent investigations or the rights of victims awaiting justice. States Parties have demonstrated that they are prepared to hold the Court’s leadership accountable; they must now demonstrate the same determination in defending the Court’s independence", stated Alexis Deswaef, FIDH President.

Nor should geopolitical attacks on the Court eclipse the experiences of those who report workplace misconduct. This process exposed how quickly those reporting sexual misconduct can become targets of misogynistic abuse, intimidation, and efforts to undermine their credibility and question their motives. Any future accountability framework must anticipate and guard against such reprisals.

The work of the ICC extends well beyond any individual Prosecutor. The Palestine situation was opened under Prosecutor Fatou Bensouda, continued under Prosecutor Karim Khan, and has continued still under the leadership of the Deputy Prosecutors and the dedicated staff of the Office of the Prosecutor. The arrest warrants were issued by independent ICC judges based on the evidence presented to them and in accordance with the Rome Statute. The Office of the Prosecutor is a permanent ICC organ whose mandate continues irrespective of changes in leadership. The next Prosecutor must be free to carry this work forward independently and impartially, guided solely by the law and the evidence.

The forthcoming selection of the next Prosecutor offers States Parties an opportunity to strengthen confidence in the Court by ensuring a transparent, merit-based and independent process that places integrity, competence and accountability at its core. This must include rigorous and genuinely independent due diligence, meaningful opportunities for staff and civil society to provide relevant information safely, and careful scrutiny of candidates’ leadership records and professional conduct.

Restoring confidence in the Court will also require States Parties to match their commitment to internal accountability with an equally resolute defence of the Court’s independence. As the ICC continues to face unprecedented political attacks, sanctions and other coercive measures, States must actively oppose efforts to intimidate or undermine the Court, protect its officials and those who cooperate with it, and ensure that the ICC can continue delivering justice independently and without fear or favour for the victims of the world’s gravest crimes.

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