Khan scandal engulfs ICC

Khan scandal engulfs ICC | Daily Tribune

Former President Rodrigo Duterte’s foes have the agenda of humiliating him before the world by having him face the International Criminal Court (ICC) over charges of crimes against humanity, but the tables have been turned.

The detractors are now witnessing a crisis of global proportions involving ICC Chief Prosecutor Karim Khan, who is facing allegations of sexually assaulting a subordinate. The investigation into these allegations is now under the lens of global media.

The United Kingdom’s top publication, The Guardian, said questions are being raised about the independence of the United Nations watchdog tasked with probing Khan.

Khan is relied upon by anti-Duterte forces, made up of left-wing groups and remnants of the discredited yellow mob, to issue an arrest order for an ICC trial.

With the prospect of a long process for the ICC to emerge from the credibility crisis brought on by Khan’s alleged indiscretions, the publicity hounds who head the combined House panels are now salivating over the prospect of a special court, which Duterte had suggested.

During the Quadcomm inquisition of Duterte last Wednesday, he broached the idea of a special court for the war on drugs and other allegations raised against him, instead of the country surrendering its judicial independence to the ICC.

Immediately, the Quadcomm ringleaders latched onto the idea and said that its creation would not even require legislation since a law already provides for it.

The ICC route against Duterte has bogged down completely, as even the integrity of an inquiry into the sexual misconduct allegations against Khan is being questioned due to his ties to the body tasked with the investigation.

The Guardian reported that several ICC officials have raised concerns — concerns that have been addressed at the highest levels of the court — regarding the prosecutor’s wife. This human rights lawyer had previously worked as an investigator at the UN watchdog, the Office of Internal Oversight Services (OIOS).

Khan’s wife, according to the report, was also suspected of having acted inappropriately after the claims against her husband had been made, including contacting the alleged victim.

Quoting several ICC sources, The Guardian said the concerns about potential conflicts of interest also related to the chief prosecutor’s links with the OIOS’ head of investigations, whom Khan is understood to have hired as one of his top officials when they both worked at the UN.

Previously, the ICC was forced to abandon an internal probe into Khan due to perceived bias or conflict of interest in such a process.

Recently, the court’s governing body, the Assembly of State Parties, announced an external inquiry but did not disclose who would conduct the investigation.

The report, however, cited diplomatic sources revealing that the ICC has asked the OIOS to undertake the probe and is finalizing an agreement.

Khan is facing allegations of unwanted sexual touching and “abuse” over an extended period, as well as coercive behavior.

The alleged victim, an ICC staff member in her 30s who worked directly for the chief prosecutor, has declined to comment.

According to several ICC sources cited by The Guardian, the woman has told court authorities she would be willing to cooperate with the investigation provided it is sufficiently independent, but is said to have expressed concerns about the OIOS.

The friction within the ICC has fed worries about the integrity of the tribunal.

Khan is increasingly becoming a burden, as many of his staff were disheartened by his decision to ignore advice that he should take a leave of absence until the inquiry is resolved.

“Staff are boiling that he has unilaterally decided to stay on,” one source said. Khan’s senior staff, they added, had conveyed to his two deputy prosecutors that he should temporarily step aside “to prevent a chilling effect on witnesses and protect the integrity of the inquiry.”

It is hard to imagine what gods favor Duterte, as the chief ICC official investigating him now suffers a blight while his detractors, including the Quadcomm, face public ridicule.