The International Criminal Court (ICC) has removed Chief Prosecutor Karim Khan from the crimes against humanity case against former Philippine president Rodrigo Duterte, ruling that his previous work created a “reasonable appearance of bias.”
In a decision released Wednesday, ICC judges said Khan’s past role representing victims of Duterte’s alleged crimes before he became chief prosecutor “could be expected to have formed an opinion on the individual criminal responsibility of Mr Duterte.”
“This could adversely affect the required impartiality in his current role,” the ruling stated.
The judges clarified, however, that “the Appeals Chambers does not consider that actual bias on the prosecutor has been demonstrated.” Still, they found that “a number of factors may give rise to an objectively reasonable appearance of bias in the eyes of a reasonable observer.”
Duterte faces three counts of crimes against humanity for alleged murders committed under his controversial “war on drugs.” His defense team sought Khan’s disqualification on grounds of conflict of interest.
The decision is expected to have little impact on the ongoing case, as Khan is already on leave amid an investigation into separate allegations of sexual assault, which he denies.
Referring to those allegations, Duterte’s defense argued they undermined the presumption of the prosecutor’s “high moral character.”
Lawyers representing the victims countered that removing Khan “would serve no practical purpose whatsoever,” given his absence from the court.
“This disqualification does not have an impact on the case itself,” ICC spokesman Fadi El Abdallah said, noting that Khan’s deputy is now leading the investigation.
The ruling comes just days after judges ordered Duterte to remain in custody while they assess his medical fitness to stand trial. The 80-year-old former leader was deemed a potential flight risk.
If found fit to appear in court, Duterte will face a “confirmation of charges” hearing, where judges will decide whether there is enough evidence to proceed to trial. – Agence France-Presse
