ICC: Prosecutor Karim Khan’s disqualification won’t affect Duterte case

MANILA, Philippines — The International Criminal Court (ICC) said prosecutor Karim Khan’s disqualification from the trial of former President Rodrigo Duterte for crimes against humanity has no direct impact on the ongoing investigation.

In a 19-page ruling dated October 15, the ICC stated that it did not consider the “actual bias” on the part of the prosecutor, but his involvement in an Article 15 communication may have an objectively reasonable appearance of bias in the eyes of an observer. 

READ: ICC lawyer questions basis for Khan’s ouster from Duterte case

“The Prosecutor, Karim Khan, is disqualified from the case of The Prosecutor v. Rodrigo Roa Duterte,  in relation to his involvement, prior to taking office, in submitting a communication under Article 15 of the Rome Statute to the former Prosecutor, Mme Fatou Bensouda,” said ICC spokesperson Fadi el Abdallah.

“This disqualification has no impact on the ongoing case against Mr. Duterte. The work of the Office of the Prosecutor on the situation related to the Philippines is led by Deputy Prosecutor Mame Mandiaye Niang,” Abdallah added.

In a statement also issued on Wednesday evening, the Office of the Prosecutor maintained that the investigative and prosecutorial activities in relation to Duterte’s case, including the application for the warrant of arrest, are led by a multi-disciplinary team under the supervision of Deputy Prosecutor Niang. 

“The Office has been able to advance the case against Mr. Duterte solely on the strength of independently gathered evidence, and information collected from a wide range of sources, including interviews with witnesses, information from States, international partners, and civil society, as well as publicly available information,” said the Office of the Prosecutor. 

“The victims and survivors in the Philippines situation deserve justice and accountability. The Office’s activities in this case will continue, contributing to ensuring that justice is pursued impartially and independently,” it adds. 

Earlier, Duterte’s defense team said Khan “failed to disclose a grievous conflict of interest and must now, immediately and without delay, be disqualified from any further role in the case against Duterte.”

Duterte’s counsel Nicholas Kaufman particularly said Khan “in his capacity as a private lawyer for hire” in 2018 represented victims of “an alleged policy of extra-judicial drug-related killings in the Philippines.”

In May, Khan temporarily stepped aside from his post as an investigation by the United Nations into alleged sexual misconduct by him nears its end. /das