ICC Panel Clears Judge of Alleged Misconduct Amid U.S. Sanctions & Threats

A judicial panel reviewing a United Nations investigation has concluded that International Criminal Court (ICC) Prosecutor Karim Khan committed no misconduct, a finding that intersects with wider geopolitical pressure surrounding the court’s Gaza war crimes investigations.

The three-judge panel, appointed by the Assembly of States Parties (ASP), submitted its confidential report on March 9, 2026 to the ICC’s Bureau. According to four diplomatic sources cited by a Middle East Eye exclusive, the panel found that the UN Office of Internal Oversight Services (OIOS) report “do not establish any misconduct or breach of duty.”

The judges reviewed a 150-page report alongside more than 5,000 pages of evidence, applying the criminal standard of “beyond reasonable doubt.”

The panel’s mandate was to assess whether Khan’s conduct met thresholds for serious or lesser misconduct. After a review process initially scheduled for 30 days but extended multiple times, the judges reached a unanimous conclusion.

“The Panel is unanimously of the opinion that the factual findings by OIOS do not establish misconduct or breach of duty,” the report stated, according to sources.

Khan, who has denied all allegations, has been on voluntary leave since May 2025, with deputy prosecutors managing operations. The investigation originated in November 2024 following allegations raised by a staff member who declined to cooperate with ICC internal investigators, prompting the external UN-led inquiry.

The findings arrive amid escalating political pressure tied to the ICC’s investigation into alleged war crimes in Gaza. In May 2024, Khan applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and then-defense minister Yoav Gallant, alongside Hamas leaders, following what he described as “a meticulous process.”

Since February 2025, the administration of U.S. President Donald Trump has imposed sanctions on Khan, two deputy prosecutors, six ICC judges, the UN’s special rapporteur on Palestine, and three Palestinian NGOs.

The ICC responded on February 11, 2025, stating it “deplores the designation for sanctions” and reaffirmed its mandate to act “in the interest of millions of innocent victims.”

The misconduct allegations unfolded alongside these developments, contributing to what ICC officials described as an institutional crisis. The Bureau now has 30 days to issue a preliminary assessment, followed by a 30-day response period for Khan and a further 30 days before a final decision.

Separate legal challenges also remain active. ICC judges are reviewing an Israeli jurisdictional objection and a November 17 complaint seeking Khan’s disqualification. Khan rejected such claims as “a haze of ends-oriented conjecture” and “a miasma of speculative reporting.”

Additional reporting cited by Middle East Eye in August 2025 described threats linked to the investigation, including warnings to “drop Netanyahu warrants ‘or be destroyed’,” and alleged intelligence pressure, though these claims remain part of the broader contested narrative surrounding the case.