MWE Correspondent
The International Criminal Court (ICC) has disqualified its Chief Prosecutor, Karim Khan, from the case against former Philippine President Rodrigo Duterte due to concerns over a potential conflict of interest.
The decision, made by the ICC Appeals Chamber, noted Khan’s prior involvement in representing victims of Duterte’s alleged crimes before his appointment as prosecutor. The court said this prior representation could create a “reasonable appearance of bias,” potentially compromising the impartiality of the proceedings.
Despite this development, the ICC emphasized that the disqualification would not impede the ongoing investigation or prosecution of the case. Deputy Prosecutor Mame Mandiaye Niang has been leading the Office of the Prosecutor since May 2025, when Khan went on voluntary leave amid a separate investigation into allegations of sexual misconduct, which he denies. Niang will continue to oversee the Duterte case without disruption.
Human rights lawyer and ICC Assistant to Counsel Kristina Conti expressed her belief that the disqualification lacks a substantial basis. She explained that Khan had assisted victims in submitting communications to the Office of the Prosecutor prior to his appointment, but she does not see a significant conflict of interest. Conti also noted that the prosecution has been effectively managed by the Philippine team under Deputy Prosecutor Niang since Khan’s leave.
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Conti further advised waiting for the public release of the Appeals Chamber’s decision to fully understand the rationale behind the disqualification. She emphasized that the matter should be “fully appreciated” once the decision is made available.
The ICC’s investigation into Duterte centers on alleged crimes against humanity related to extrajudicial killings during his anti-drug campaign. Duterte, arrested in March 2025, faces charges of murder and frustrated murder in connection with 49 reported incidents. His defense team has challenged the ICC’s jurisdiction and claims he is unfit to stand trial due to health concerns. A pretrial hearing was recently postponed to allow for a full medical assessment.
The ICC has emphasized that the disqualification of Khan will not affect the progress of the case. The prosecution continues under the leadership of Deputy Prosecutor Niang, ensuring the investigation remains on track.
