“Duterte’s critics are playing up the ICC move seeking direct witnesses through the internet as a signal that Khan is wrapping up the investigation into the crimes against humanity against the former president and several of his officials.
Suddenly there is a flurry of activity by International Criminal Court Prosecutor Karim Khan, the latest of which is the setting up of a website to receive volunteer information for its investigation into the war on drugs of former President Rodrigo Duterte.
Last week, the prosecutor sought an international arrest warrant for Min Aung Hlaing, chief of the military government that took control of Myanmar in a coup in 2021, for the alleged persecution of the Rohingya.
In May 2024, Khan announced his application for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Foreign Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh.
In March 2023, the ICC issued an arrest warrant for President Vladimir Putin on charges of forcibly deporting Ukrainian children, but lacking custody of the Russian leader for trial in The Hague, the ICC has not yet prosecuted Putin.
The ICC can’t try an accused in absentia.
Duterte’s critics are playing up the ICC move seeking direct witnesses through the internet as a signal that Khan is wrapping up the investigation into the crimes against humanity against the former president and several of his officials.
On the contrary, Khan may be scrounging for evidence against his quarry. Duterte would be another trophy for his tenure which is plagued by allegations of his sexual misconduct against a subordinate, thus Khan is pandering to the lynch mob.
Calls for Khan’s suspension or dismissal are getting louder with a women’s rights group based in The Hague recently calling for immediate action against him.
The Women’s Initiatives for Gender Justice (WIGJ) issued a Statement on Allegations of Misconduct Against ICC Prosecutor Karim Khan calling for “the immediate temporary discontinuation of the Prosecutor’s duties, effective immediately and until the external investigation has concluded.”
The group said the measure is necessary to protect the integrity of the ICC and that it complies with Rule 28 of the Rules of Procedure and Evidence as well as aligns with Rule 110.5 (a) on “suspension during disciplinary proceedings” of the Staff Rules of the tribunal and the Administrative Instruction on Investigations of Unsatisfactory Conduct and the Administrative Instruction on Addressing Discrimination, Harassment including Sexual Harassment, and Abuse of Authority.
“All those involved as complainants or witnesses must be protected against any form of retaliation and preventive protection measures should be put in place,” it added.
A common denominator among the nations that Khan is taking action against is that they are not ICC members.
The Philippines has stated its position that under the principle of complementarity and its withdrawal from the Rome Statute, the ICC has no jurisdiction over the country. France took a similar position on the provisions for immunity from prosecution which apply to Netanyahu.
The French foreign ministry said the Israeli leader was covered by immunity rules that apply to states that are not a party to the ICC.
“A state cannot be held to act in a way that is incompatible with its obligations in terms of international law with regards to immunities granted to states which are not party to the ICC,” the French statement said.
“Such immunities apply to Prime Minister Netanyahu and other ministers in question, and must be taken into consideration should the ICC ask us to arrest them and hand them over,” it said.
The detractors of Duterte said that time is running short for the former leader regarding the ICC case but the current crisis facing the international court seems to indicate that it is the other way around.
Khan’s rush against states that are not ICC signatories indicates a sense of desperation to produce results, riding not on evidence but on international sentiment.
Since Netanyahu and, for that matter, Duterte are unpopular in terms of their actions to meet their policy objectives then they are fair ICC targets.
Khan’s action is similar to that of a sheriff in the Middle Ages who arrested a person the crowd shouted for.
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