International Criminal Court (ICC) Prosecutor Karim Khan insisted that he will remain the prosecutor in the ICC’s case against former president Rodrigo Duterte after the defense team petitioned to have him disqualified for conflict of interest.
ICC prosecutor Khan says 'no grounds exist' to remove him from Duterte case
International Criminal Court chief prosecutor Karim Ahmed Khan (AP File Photos)
In a 13-page document uploaded on the ICC’s website, Khan argued that there is “no conflict of interest” in his previous participation in investigating the former president’s war on drugs policy in the Philippines.
"The Prosecutor files this Notification in order to advise PTC I (Pre-Trial Chamber 1) that the Prosecutor has carefully considered whether the circumstances summarised above give rise to any grounds for disqualification and that he does not consider that any grounds for disqualification currently exist," Khan said in a notification dated Aug. 18 filed before the PTC.
“Having carefully considered his position, the Prosecutor considers that no conflict of interest exists which requires the Prosecutor to request excusal from the Presidency pursuant to rule 33(1) of the Rules of Procedure and Evidence (“Rules”),” it added.
“Accordingly, and unless further direction or order is received from the PTC, the Prosecutor hereby respectfully notifies the PTC that he intends to lead the prosecution of any case arising out of the situation in the Republic of the Philippines,” it also said.
Khan argued that he was “not directly involved in investigations or interviewing any victim or witness” but only participated as “pro bono” lawyer in reviewing and presenting the case to former Prosecutor Fatou Bensouda.
He, in fact, withdrew and ceased any involvement on the case after the submission to the former prosecutor.
“Since commencing his term, Prosecutor Khan never considered there to be any issue regarding his involvement in the Philippines situation,” the document said.
He also stressed that the prosecutor should be “presumed to be impartial” as he took a public oath of office to undertake his duties “impartially.”
“The threshold to disqualify the Prosecutor must be a high one to safeguard the interests of the sound administration of justice,” Khan stated.
“The Prosecutor is not aware of any prior case in which the impartiality of the Prosecutor has been challenged on the basis of a prior involvement in an earlier stage of proceedings on behalf of one or more victims or a group representing the interests of victims,” he added.
Duterte’s defense team has been seeking the disqualification of Khan because of his role in representing an alleged policy of extra-judicial drug-related killings in the Philippines that could be considered an “irreconcilable conflict of interest.”
Khan is currently on self-imposed leave due to allegations of sexual misconduct.