THE HAGUE — International Criminal Court (ICC) appeals judges have officially disqualified Chief Prosecutor Karim Khan from the war crimes case involving former Philippine President Rodrigo Duterte, citing a potential conflict of interest, according to a confidential court document obtained by Reuters.
The disqualification marks another major setback for Khan, who has been on leave since May following a United Nations inquiry into allegations of sexual misconduct. With his removal, the ICC’s only major active case — the prosecution of Duterte — will now be handled by Deputy Prosecutor Mame Mandiaye Niang.
The Appeals Chamber’s decision, dated October 2 but not yet made public, found that Khan’s prior legal involvement with communications to the ICC from victims of Duterte’s anti-drug campaign created an appearance of bias. The judges concluded that his previous representation of the Philippine Human Rights Commission (PHRC) compromised his ability to act impartially.
Duterte’s defense team had earlier filed a motion to disqualify Khan, arguing that his participation in the case was tainted because he had previously worked with the PHRC when the commission identified Duterte as a suspect in rights violations during his presidency. The defense asserted that Khan’s continued involvement would undermine the integrity of the proceedings.
Khan denied any conflict, insisting that his earlier representation of the PHRC and a group of victims “did not give rise to any bias or prejudice” in handling the case. However, the appeals judges disagreed, ruling that even the perception of bias was sufficient to merit disqualification.
Duterte, who led the Philippines from 2016 to 2022, was arrested in March and transferred to The Hague following an ICC warrant accusing him of crimes against humanity related to thousands of killings in his war on drugs. The former president, now 80 years old, has maintained that his arrest was illegal and has described the ICC’s actions as “kidnapping.” His lawyers have also argued that he is medically unfit to stand trial.
Meanwhile, Deputy Prosecutor Niang — who assumes responsibility for the Duterte case — is himself under U.S. sanctions for the ICC’s ongoing investigations into alleged war crimes in Gaza.
Khan’s disqualification comes after a similar order in August, when judges required him to recuse himself from the Venezuela investigation due to a family connection with a lawyer representing President Nicolás Maduro’s government.
Khan’s legal team continues to deny all allegations in the sexual misconduct probe.