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ICC disqualifies prosecutor Khan from Duterte case over 'appearance of bias'

October 16, 2025 | 10:59am

MANILA, Philippines — The International Criminal Court (ICC) has disqualified Chief Prosecutor Karim Khan from the case of former President Rodrigo Duterte, citing a number of factors that may give an "appearance of bias” arising from his past legal ties to a potential witness in the case.

In a ruling made public Wednesday, October 15, the ICC Appeals Chamber granted the request of the defense to disqualify Khan after it ruled that his prior work created "an objectively reasonable appearance of bias" that compromised his required impartiality.

The decision cited the fact that Khan had interviewed witnesses and helped prepare a 2018 submission that explicitly named Duterte as the primary target for ICC investigation – information Khan failed to disclose until months after Duterte's arrest.

However, Khan — the ICC's chief prosecutor — is already on indefinite leave over a separate issue that is not related to the Duterte case: there is currently an investigation on allegations of sexual assault against him.

The case against Duterte will continue under ICC Deputy Prosecutor Mame Mandiaye Niang, who has led the prosecution team from the start. Duterte remains in ICC custody at The Hague following his March 12 surrender on charges of crimes against humanity related to the thousands killed in his anti-drug campaign.

Khan's undisclosed conflict emerged only after ICC judges issued Duterte's arrest warrant on March 7. The prosecutor then notified the court he had represented drug war victims in 2018, submitting what's known as an Article 15 Communication requesting an ICC investigation into the Philippines.

Undisclosed conflict of interest

Court documents show Khan's involvement went beyond simple representation. He personally conducted "activities of an investigatory nature" including interviewing individuals who later became prosecution witnesses against Duterte. The submission he helped prepare dedicated substantial sections to establishing Duterte's individual criminal responsibility.

Khan purportedly waited until March 6, one day before Duterte's arrest warrant was issued, to inform judges about his prior involvement. He didn't disclose the full extent of his work to Duterte's defense team until June 27, nearly four months after the arrest.

In their October 2 decision publicized yesterday, the five-judge Appeals Chamber found that "a reasonable observer would conclude that in light of the nature and the extent to the Prosecutor's involvement in the Article 15 Communication, he could be expected to have formed an opinion on the individual criminal responsibility of Mr Duterte."

Khan had argued his prior work posed no conflict since no formal case existed in 2018 and the evidence now available far exceeded what he had access to as a victims' lawyer. He insisted he had not participated in reviewing the arrest warrant application and had taken a leave of absence in May.

The judges rejected these arguments and stressed their duty to ensure fair proceedings. They noted the 2018 submission Khan helped prepare explicitly recommended Duterte be investigated and included detailed sections on his alleged command responsibility and intent to kill drug suspects.