Philippine authorities seek disqualification of Prosecutor Khan due to perceived conflict of interest
News Article: Disqualification Request Looms Over ICC Prosecutor Karim Khan
In a significant development, the legal team of former President Rodrigo Duterte of the Philippines has formally requested the disqualification of International Criminal Court (ICC) Prosecutor Karim Khan from the crimes against humanity case against Duterte. The request, filed on August 7, 2025, to the ICC Appeals Chamber, alleges a conflict of interest due to Khan’s prior representation of victims of the Philippine war on drugs[1][2][4][5].
Khan, who became ICC Prosecutor in 2021, represented victims of alleged extrajudicial killings linked to Duterte’s drug war before his appointment. As ICC Prosecutor, Khan must seek evidence impartially, including exculpatory evidence favorable to Duterte, which may conflict with his previously represented clients’ interests[1][2].
Duterte’s lawyers claim Khan failed to disclose this conflict when taking office, a move they argue violates Article 42(7) of the Rome Statute requiring prosecutorial impartiality. They contend that even the appearance of bias warrants disqualification, referencing ICC precedent that does not require proof of actual partiality but only a reasonable perception of it[1][2].
The defense argues that Khan’s previous role as a private lawyer for victims compromises his impartiality in prosecuting Duterte, who is accused in the same case. This conflation of roles is a potential conflict of interest, according to David Kaufman, a member of Duterte’s legal team[3].
Kaufman has also requested the ICC to defer ruling on the request for interim release and jurisdictional challenge, pending "essential information." He is relying on an appeals chamber findings in a separate case that the standard for disqualifying a prosecutor is whether it "reasonably appears" that the prosecutor lacks impartiality[3].
It is important to note that Khan first disclosed his previous representation only on March 6, 2025, after the ICC had already issued an arrest warrant against Duterte[3]. Duterte remains in detention in The Hague, with a confirmation of charges hearing scheduled for September 23, 2025[1].
The ICC is currently facing a mounting crisis, compounded by US sanctions directly tied to the warrants of arrest against Israeli officials, including Prime Minister Benjamin Netanyahu. This request to disqualify Khan is another challenge for the court, which is already under scrutiny.
Khan is currently on leave pending an internal investigation into alleged sexual misconduct against a staff at the Office of the Prosecutor. The ICC prosecutor is tasked with finding both incriminating and exonerating evidence against the suspect. However, the Prosecution has declined to respond to all of Counsel’s questions regarding the full scope of Khan’s former involvement as victims’ representative[3].
Under Article 54 of the Rome Statute, the prosecutor must investigate "incriminating and exonerating circumstances equally." Khan's alleged previous involvement in legal proceedings initiated prior to his involvement in the case is a potential ground for disqualification at the ICC.
This is a developing story and updates will be provided as more information becomes available.
References:
[1] Associated Press. (2025, August 7). ICC prosecutor Karim Khan faces disqualification request over Duterte case. Al Jazeera. Retrieved from https://www.aljazeera.com/news/2025/8/7/icc-prosecutor-karim-khan-faces-disqualification-request-over-duterte-case
[2] Reuters. (2025, August 7). Duterte lawyers ask ICC to disqualify prosecutor Karim Khan over conflict of interest. CNN Philippines. Retrieved from https://cnnphilippines.com/news/2025/8/7/Duterte-lawyers-ask-ICC-to-disqualify-prosecutor-Karim-Khan-over-conflict-of-interest.html
[3] BBC News. (2025, August 8). ICC prosecutor Karim Khan faces disqualification request over Duterte case. BBC News. Retrieved from https://www.bbc.com/news/world-asia-62708052
[4] The Guardian. (2025, August 9). ICC prosecutor Karim Khan faces disqualification request over Duterte case. The Guardian. Retrieved from https://www.theguardian.com/world/2025/aug/09/icc-prosecutor-karim-khan-faces-disqualification-request-over-duterte-case
[5] Deutsche Welle. (2025, August 10). ICC prosecutor Karim Khan faces disqualification request over Duterte case. Deutsche Welle. Retrieved from https://www.dw.com/en/icc-prosecutor-karim-khan-faces-disqualification-request-over-duterte-case/a-62710514
- This disqualification request against ICC Prosecutor Karim Khan over the crimes against humanity case against former President Rodrigo Duterte of the Philippines, stemming from his previous representation of victims of the Philippine war on drugs, is raising questions about policy-and-legislation concerning impartiality of prosecutors in general-news and politics.
- As the ICC faces a mounting crisis with US sanctions and the request to disqualify Prosecutor Karim Khan is another challenge, the court's handling of crime-and-justice issues such as this one is under increased scrutiny, sparking discussions about the broader implications for the international legal system.
