MANILA – The International Criminal Court (ICC) said the disqualification of its chief prosecutor Karim Khan from handling the case of former president Rodrigo Duterte has no effect on the ongoing investigation.

“This disqualification has no impact on the ongoing case against Mr. Duterte,” ICC spokesperson Fadi el Abdallah said in a statement Wednesday night.

Abdallah said the work of the Office of the Prosecutor (OTP) on the situation in the Philippines is now being led by Deputy Prosecutor Mame Mandiaye Niang.

A court document dated Oct. 15 confirmed that the ICC Appeals Chamber had disqualified Khan due to his prior involvement, before assuming office, in submitting information related to Duterte’s alleged crimes in the Philippines. The information, known as the Article 15 communication, was filed on June 29, 2018, to then-prosecutor Fatou Bensouda.

Abdallah clarified that while the Appeals Chamber found no actual bias on Khan’s part, it ruled that certain factors “may give rise to an objectively reasonable appearance of bias” that could affect his impartiality.

In a separate statement, the ICC Office of the Prosecutor said its “independent and impartial investigation into alleged Rome Statute crimes in relation to the Situation in the Philippines is ongoing.”

It said the case, including the application for a warrant of arrest, is being handled by a multi-disciplinary team under Niang’s supervision.

“The Office has been able to advance the case against Mr. Duterte solely on the strength of independently gathered evidence, and information collected from a wide range of sources, including interviews with witnesses, information from States, international partners, and civil society, as well as publicly available information,” it said.

“The victims and survivors in the Philippines situation deserve justice and accountability. The Office’s activities in this case will continue, contributing to ensuring that justice is pursued impartially and independently,” it added.

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