The ICC in Turmoil: Institutional Crisis, Independence and Legitimacy
The Maastricht Centre for Human Rights invites all staff to a new session of the International Law Discussion Group (ILDG):
The ICC in Turmoil: Institutional Crisis, Independence and Legitimacy
Date: Tuesday, 15 September 2026
Time: 16:00–17:30
Location: BOU1-3 C1.310 (upstairs)
Format: Hybrid – To join online click HERE
The International Criminal Court is facing an unprecedented period of institutional and political turmoil. On 24 July 2026, the Assembly of States Parties (ASP) removed Prosecutor Karim Khan from office—the first removal of an ICC Prosecutor—following a finding of “serious misconduct and serious breach of duty” under Article 46 of the Rome Statute. The decision was adopted by 82 votes in favour, 13 against and 15 abstentions.
The removal comes against the backdrop of allegations concerning the Prosecutor and questions about how they were investigated and addressed within the Court; challenges concerning the Prosecutor's role in ongoing proceedings; increasing external pressure and sanctions against the ICC and its officials; and renewed debates about withdrawal from the Rome Statute and the future legitimacy and effectiveness of the Court.
This ILDG session will provide an opportunity to discuss these developments and what they may mean for the ICC and international criminal justice more broadly. Possible themes include:
- The removal of the ICC Prosecutor and institutional accountability: the process leading to Karim Khan's removal and the respective roles of the ASP, the Court and its Chambers; the adequacy of existing procedures for dealing with allegations against elected ICC officials; and the implications of the removal for ongoing proceedings.
- The future of the Office of the Prosecutor: the appointment of a new Prosecutor and possible institutional reforms, including proposals for a more collegial prosecutorial structure.
- External pressure, sanctions and institutional independence: the US campaign against the ICC, sanctions against Court officials and their implications for the independence and effective functioning of the Court.
- Arrest warrants and the Palestine situation: developments concerning the arrest warrants against Benjamin Netanyahu and Yoav Gallant, including challenges concerning the Prosecutor and requests for ancillary remedies, and their implications for the Court's judicial and prosecutorial functions.
- Withdrawal from the Rome Statute: recent withdrawals and threats of withdrawal, their implications for the legitimacy and effectiveness of the Court, and the continuing jurisdiction of the ICC following withdrawal, including in light of the Appeals Chamber's 2026 judgment in The Prosecutor v. Rodrigo Roa Duterte.
- The legitimacy and future of the ICC: what do these simultaneous internal and external challenges mean for the Court as an institution, and what reforms might be necessary?
Background materials
Primary material
- Assembly of States Parties, Decision on the removal from office of the Prosecutor of the International Criminal Court (24 July 2026):
https://asp.icc-cpi.int/sites/default/files/asp_docs/ICC-ASP-S-2-SC-24July2026-ENG.pdf - State of Israel, Request to Disqualify the Prosecutor and for Ancillary Remedies, https://www.legal-tools.org/doc/whc9r8i4/pdf.
- U.S. Department of State, “State Department Launches Campaign to Dismantle International Criminal Court’s Threat to American Sovereignty”:
https://www.state.gov/releases/office-of-the-spokesperson/2026/07/state-department-launches-campaign-to-dismantle-international-criminal-courts-threat-to-american-sovereignty
Commentary and analysis
- Yuval Shany and Maria Varaki, “The Removal of the ICC Prosecutor and the Edge of the ICC’s Political Universe”, EJIL!:
https://www.ejiltalk.org/the-removal-of-the-icc-prosecutor-and-the-edge-of-the-iccs-political-universe/ - William A. Schabas, “Lessons from the Karim Khan Affair and Proposals for Reform”, Opinio Juris:
https://opiniojuris.org/2026/08/18/lessons-from-the-karim-khan-affair-and-proposals-for-reform/ - Andreas Motzfeldt Kravik and Christopher “Kip” Hale, “The Court That Removed Its Own Prosecutor”, Just Security:
https://www.justsecurity.org/153766/icc-court-new-prosecutor/ - Just Security, “What Does the Trump Administration Statement on Dismantling the ICC Really Mean?” (collection of commentary):
https://www.justsecurity.org/147012/trump-administration-statement-dismantling-icc/ - Nema Milaninia, “The State Department’s Campaign Against the ICC Rests on a Fundamental Misunderstanding”, Just Security:
https://www.justsecurity.org/147878/state-departments-campaign-icc-misunderstanding/ - Mark Kersten, “Under Pressure from Washington, States are Withdrawing from the ICC. Time for a Membership Drive?”, Justice in Conflict:
https://justiceinconflict.org/2026/07/27/under-pressure-from-washington-states-are-withdrawing-from-the-icc-time-for-a-membership-drive/ - Sabrina Ochoa, “A Not So Clean Break: ICC Jurisdiction after Withdrawal in The Prosecutor v. Duterte”, Opinio Juris:
https://opiniojuris.org/2026/06/09/a-not-so-clean-break-icc-jurisdiction-after-withdrawal-in-the-prosecutor-v-duterte/
Further reading
- NRC, “Abuse and Manipulation at the International Criminal Court” (English translation):
https://www.nrc.nl/nieuws/2025/10/10/abuse-and-manipulation-at-the-international-criminal-court-a4909116 - NRC, investigation into private intelligence operations targeting ICC employees (in Dutch):
https://www.nrc.nl/nieuws/2026/05/14/alles-lijkt-geoorloofd-in-geheime-inlichtingenoperatie-tegen-medewerkers-internationaal-strafhof-a4927365 - CNN, interview concerning the allegations against ICC Prosecutor Karim Khan and the UN investigation, 16 July 2026
- Opinio Juris, “An Interview with Sareta Ashraph, Lead Counsel for Karim Khan KC”, 1 May 2026..
The session is open to all colleagues interested in discussing these developments and their implications for the ICC and international criminal justice.
The International Law Discussion Group (ILDG) provides an intellectual community for researchers of international law at Maastricht University. It offers a regular space for researchers—both within and beyond the Maastricht Centre for Human Rights—to discuss topical issues in international law, including human rights, and to exchange ideas that may inspire new initiatives, events, and research collaborations.