The tormentor of former President Rodrigo Duterte, who caused his detention at the International Criminal Court (ICC) at The Hague, is himself in a tight fix as calls for him to step down over sexual misconduct allegations resonate.
On Sunday, the Assembly of States Parties (ASP), the court’s governing body, said Prosecutor Karim Khan informed the ICC on Friday that he would step aside “until the conclusion of the United Nations Office of Internal Oversight Services (OIOS) process,” the external investigation into allegations of misconduct.
The prosecutor’s office confirmed Monday that Deputy Prosecutors Nazhat Shameem Khan and Mame Mandiaye Niang have assumed leadership during Khan’s leave.
“In assuming leadership, the deputy prosecutors underline the importance of ensuring continuity of the office’s activities across all areas of work, and particularly in its mission to investigate and prosecute the most serious crimes with independence and impartiality,” an ICC statement read.
Khan’s application for arrest warrants for Israeli leaders last year over war crimes charges had prompted the United States to sanction him and those who cooperate with the court, shortly after Donald Trump became president again in January.
Trump’s order placed financial and visa sanctions on Khan and other non-US individuals and their family members who assist in ICC investigations of US citizens and its allies.
The order came after a visit to the White House by Israeli Prime Minister Benjamin Netanyahu, who is wanted by the ICC for alleged war crimes and crimes against humanity committed in Gaza since October 2023, particularly the crime of the starvation of civilians as a method of warfare.
As a result of the sanctions, Khan lost access to his official email, which was hosted by the US company Microsoft, and started using the Swiss email provider Proton Mail instead, the Associated Press reported.
Khan’s leave is not expected to have a profound effect on Duterte’s crimes against humanity case, but it may cause delays.
The Duterte case is at a critical stage. The prosecution is preparing the Document Containing Charges (DCC) for the 23 September hearing.
While the officials who took over from Khan ensure continuity, internal disruptions will affect the Office of the Prosecutors’ (OTP) broader operations.
Yet, the perception battle will take a serious turn as some non-government organizations (NGOs), including the International Federation for Human Rights, see Khan’s leave amid misconduct allegations as a step toward preserving the ICC’s credibility.
An observer adept in international law said the recent developments involving Khan could indirectly strengthen the Duterte case by reinforcing the court’s commitment to impartiality and accountability.
This would counter the narratives of Duterte’s supporters who claim the case is politically motivated. However, if the investigation of Khan uncovers significant misconduct, it could fuel further criticism of the ICC’s moral authority.
The ICC is claiming the high ground to counter the public perception of Duterte’s prosecution, particularly in the Philippines, where his supporters remain vocal.
Some sources suggest that Khan views the Duterte case as critical to his “self-preservation” amid the misconduct allegations and the US sanctions over the ICC warrants against Israeli officials.
Political dynamics are unlikely to directly alter the legal proceedings, but they could influence public and international support for the case.
The biggest drawback from the sexual misconduct scandal of Khan is reflected in the overall perception that the tribunal is tainted by the allegations that it seeks accountability from its prized quarry, who is Duterte.