What procedural changes has the ICC political bureau introduced for prosecutor removal?

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ICC Political Bureau Approves Combined Vote for Prosecutor Removal

The International Criminal Court's (ICC) political bureau has approved a procedural change that consolidates two previously distinct decisions into a single vote concerning the removal of Chief Prosecutor Karim Khan. This new arrangement combines the determination of whether "serious misconduct" has occurred with the decision on whether Khan should be removed from his position, effectively streamlining the process from two separate votes into one. Khan's legal team has argued that this single-vote procedure not only compresses the timeline but also lowers the threshold for establishing serious misconduct, potentially making it easier to justify removal.
Consolidation of Misconduct Determination and Removal Vote

Previously, the established procedure, as outlined in the political bureau's own March procedures paper, involved a two-step process. The Assembly of States Parties, comprising 125 member countries, was first required to determine if serious misconduct had been established through a vote needing a two-thirds majority of those present and voting. Following this, a second, separate vote would be held to decide on the actual removal of the prosecutor, which would require an absolute majority. The new combined vote bypasses this sequential decision-making.
Lowered Bar for Establishing Serious Misconduct

According to Khan's lawyers, the shift to a single vote does more than just expedite the process; it effectively lowers the standard for reaching the grave conclusion of serious misconduct. By merging the determination of the offense with the decision on the penalty, the new procedure appears to make it less demanding to conclude that the prosecutor has engaged in conduct warranting his dismissal. This contrasts with the original sequencing, which first aimed to establish the offense before deciding on the consequence.
Questions Raised About Due Process and Evidence Standards

The reported procedural shift has prompted concerns about due process and the application of evidence standards. A judicial panel, appointed by the bureau itself, had reportedly examined a United Nations investigation and unanimously concluded that the evidence did not establish misconduct or a breach of duty. One judge was also said to have expressed serious doubt about whether the evidence could meet the required standard at all. The bureau's alleged decision to proceed with the combined vote, despite this judicial assessment, has led to questions about whether legal advice is being given undue weight or consideration. Khan's legal team has also pointed out that an alternative allegation, concerning a consensual relationship deemed improper due to a power imbalance, was allegedly never put to him during the investigation, raising further concerns about the fairness of the proceedings.

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What procedural changes has the ICC political bureau introduced for prosecutor removal?

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