The International Criminal Court’s case against former President Rodrigo Duterte isn’t slowing down — despite its top prosecutor stepping away from the job, at least for now.

Karim Khan, the ICC’s chief prosecutor who is overseeing the crimes against humanity case against Duterte, has taken a leave of absence after facing allegations of sexual misconduct from a staff member in his office.

The decision was confirmed Friday in a statement from the Office of the Prosecutor, which said Khan would be on leave “until the end” of an ongoing investigation by the United Nations Office of Internal Oversight Services.

In the meantime, his two deputies will take the reins.

Who’s in charge now?

While Khan steps back, deputy prosecutors Mame Mandiaye Niang of Senegal and Nazhat Shameem Khan of Fiji—both appointed in 2022—will run the office in his absence.

According to ICC assistant to counsel Kristina Conti, it’s likely that Niang will take the lead on the Duterte investigation during Khan’s leave.

“While Karim Khan is on administrative leave, it appears he [Niang] will be leading the prosecution team in the investigation and handling of the case related to the Philippines,” Conti said in a Facebook post on Saturday.

However, as of this writing, the ICC has yet to release an official document naming Niang as lead prosecutor in Duterte’s case.

Who is Mame Mandiaye Niang?

Niang brings serious international credentials to the table. He was elected ICC Deputy Prosecutor in late 2021 and assumed office the following year.

With over three decades in law, his career began in the Senegalese judicial system, where he served in senior roles such as Prosecutor General and Director of Criminal Affairs and Pardons.

On the global stage, he served as a judge in the international criminal tribunals for both Rwanda and the former Yugoslavia, where he helped try and decide major cases involving genocide and war crimes. He also worked for the UN Office on Drugs and Crime in Southern Africa.

An academic as well, Niang has written extensively on humanitarian law and criminal procedure and has taught in institutions across Africa—including in Rwanda, Senegal, and Uganda.

As ICC deputy prosecutor, Niang is deeply involved in bringing to justice individuals accused of the world’s gravest crimes—like genocide, war crimes, and crimes against humanity.

Where the case stands

Duterte’s legal team is currently trying to disqualify two ICC judges from handling his case. His lead counsel, Nicholas Kaufman, has filed motions to remove Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, arguing potential bias.

Earlier this year, Duterte was arrested at the Ninoy Aquino International Airport on 11 March after returning from a trip to Hong Kong. That same day, he was flown to The Hague, Netherlands, where the ICC is based.

The case accuses Duterte of murder as a crime against humanity, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019—a period that covers his time as Davao City mayor and president.

While official government data pegs the death toll from Duterte’s war on drugs at around 7,000, both local and international human rights groups believe the real number could be as high as 30,000.