The three-judge panel determined that the U.N. investigation was not conclusive enough and that its findings do not establish misconduct or breach of duty under the relevant legal framework. According to major media reports, the U.N. investigation had found evidence that Khan had nonconsensual sexual contact with a female aide in his office, at his private residence, and while on mission. Khan, who temporarily stepped down in May 2025 pending the outcome of the investigation, denies engaging in any inappropriate conduct toward the complainant, whether sexual or otherwise, his lawyers said. They stressed that the panel unanimously found the U.N. investigation did not establish any misconduct or breach of duty.
This process is unprecedented for the ICC, and the Assembly of States Parties has had to repeatedly create new rules to accommodate the situation. The panel was to use the criminal standard of 'beyond a reasonable doubt' in its assessment, and its advice is not binding on the Assembly of States Parties. The final decision on Khan's fate is now up to that body. The panel said the resolution of a number of outstanding disputes would be necessary before a proper characterization of the facts can be made, but the specific disputes and timeline for the Assembly's decision remain unclear.