Manila: The disqualification of chief prosecutor Karim Khan from the case of former president Rodrigo Duterte at the International Criminal Court (ICC) has ‘no impact’ on the ongoing probe, according to the ICC spokesperson Wednesday night.
According to Philippines News Agency, ICC Spokesperson Fadi el Abdallah stated in a message to reporters that the disqualification does not affect the ongoing case against Mr. Duterte. The Office of the Prosecutor’s work related to the Philippines is being led by Deputy Prosecutor Mame Mandiaye Niang.
A court document dated October 15 confirmed that the ICC Appeals Chamber disqualified Khan because of his prior involvement in submitting certain information about Duterte’s alleged crimes in the Philippines before taking office. This information, known as Article 15 communication, was submitted on June 29, 2018, to former Prosecutor Fatou Bensouda.
Abdallah clarified that the Appeals Chamber did not find any demonstrated actual bias by the prosecutor in the defense’s request. However, it concluded that several factors could create a reasonable appearance of bias, leading an objective observer to believe that Khan might have formed an opinion on the case during his involvement with the Article 15 communication, which could affect his impartiality.
In a separate statement, the ICC Office of the Prosecutor affirmed that its investigation into alleged Rome Statute crimes related to the situation in the Philippines is ongoing. The investigative and prosecutorial activities, including the warrant of arrest application, are led by a multi-disciplinary team under Niang’s supervision.
The Office has advanced the case against Mr. Duterte based on independently gathered evidence and information from various sources, including witness interviews, information from states, international partners, civil society, and publicly available information. The Office emphasized that the victims and survivors in the Philippines deserve justice and accountability, and its activities in this case will continue to ensure justice is pursued impartially and independently.