Former President Rodrigo Duterte’s wish for the International Criminal Court (ICC) to complete its investigation into the war on drugs soonest — a desire he expressed at the Quadcomm hearing — will likely be frustrated.
All those allegations thrown at him during the House inquiry, or what some call an inquisition, will have to wait indefinitely. The ICC must first resolve the sexual misconduct scandal that Prosecutor Karim Khan is embroiled in.
Before taking action on Duterte, Khan in May 2024 issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Pressure is building for Khan to step down which the ICC official has refused to do.
The expected tug-of-war at the ICC will be a long process where the war crime court’s primary worry would be how to uphold its integrity amid the shocking revelations about Khan.
Lately, the ICC has bowed to strong calls for an external probe after its oversight body was suspected of favoring Khan.
In the eight-hour Quadcomm hearing last Wednesday, an exasperated Duterte said the left-wing members of Congress like Makabayan Rep. Arlene Brosas and Alliance of Concerned Teachers Rep. France Castro should hurry up and bring the ICC into the country to investigate him.
A coterie of Duterte’s opponents, including former drug trafficking detainee Leila de Lima and destabilizer Antonio Trillanes IV, were ranged against the former chief executive during the supposed “investigation in aid of legislation” that turned into a public lynching.
In his testimony, Duterte indicated his hatred for those who assault women, saying, in a figure of speech, that he would order them killed, which unfortunately is a fearful prospect for Khan if the two ever cross paths.
The outrage over Khan has spread and the Assembly of States Parties (ASP), which represents the entire ICC membership, needs to act.
It was the larger body that prompted the tribunal to hold an external probe after ICC’s watchdog opened and shut an inquiry into the allegations after only five days.
“An external investigation is therefore being pursued in order to ensure a fully independent, impartial and fair process,” ASP president Päivi Kaukoranta said in a statement.
Khan has denied the accusation that he tried to coerce a female aide into a sexual relationship.
He then insinuated an ongoing Israeli intelligence campaign to discredit the court’s prosecution of Netanyahu for alleged war crimes in Gaza.
Two court employees in whom the alleged victim confided came forward with the accusation in May, a few weeks before Khan sought arrest warrants against Netanyahu et al. A panel made of three judges is now evaluating that request.
Khan, despite his firm position he will not step down, is facing increasing pressure to take action to at least uphold the ICC’s integrity.
Invited to speak at Trinity College in London on the topic, “No One Above the Law,” that was intended to support the arrest warrants for Hamas and Israeli leaders, including Netanyahu, the focus turned to Khan’s alleged impropriety.
The questions during the open forum included some on the investigation into his alleged misconduct.
A poster outside Wadham College in Oxford called for Khan’s suspension, redirecting the Trinity College forum’s title, “No One Above the Law,” to point at his alleged misconduct.
At the event, Khan was asked about the ongoing investigation, to which he responded that the appropriate procedure was being followed and they had to “trust the process.”
The most likely outcome, after an extended process since Khan is stubbornly clinging to his post, is the ICC prosecutor would be asked to step down and a replacement will be named.
Without the scandal involving Khan, it was already estimated that the ICC investigation into the war on drugs would take years.
Duterte may be right in his calculation that before the ICC could finish investigating him, he’d have gone to Nirvana.