‘No effect’: ICC says Karim Khan’s disqualification won’t impact Duterte case

Metro Manila, Philippines - The International Criminal Court (ICC) has confirmed the disqualification of Chief Prosecutor Karim Khan from the case of former President Rodrigo Duterte over a possible conflict of interest, but clarified that this has no impact on the ongoing investigation into alleged crimes against humanity.

In a public redacted version of its Oct. 2 decision released Tuesday, Oct. 14, the ICC Appeals Chamber ruled that while no actual bias was proven, Khan’s previous involvement in an Article 15 communication — a submission asking the ICC to open an investigation — created an appearance of bias.

Khan was previously linked to a communication submitted to the ICC in 2018 on behalf of victims of Duterte’s “war on drugs,” in his former capacity as a lawyer representing the Philippines Human Rights Commission.

“A reasonable observer could conclude that the Prosecutor may have formed an opinion on the case against Mr. Duterte during his involvement in the Article 15 communication that, objectively, could adversely affect his required impartiality,” the Appeals Chamber said.

The five-judge chamber — Presiding Judge Luz del Carmen Ibáñez Carranza and Judges Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin — issued the decision unanimously under Article 42(7) of the Rome Statute and Rule 34(1)(c) of the Rules of Procedure and Evidence.

While acknowledging the high bar for disqualification, the judges said Khan’s participation in the 2018 communication was “significantly intense and multifaceted.” The filing included investigative activities in the Philippines, personal interviews with individuals later named as prosecution witnesses, and recommendations directly referring to Duterte’s individual criminal responsibility.

Despite the disqualification, the ICC stressed that it “has no effect on the ongoing proceedings.” The investigation into the Philippines situation continues under Deputy Prosecutor Mame Mandiaye Niang, who has led the case since early 2025 and signed the ICC’s arrest warrant application for Duterte in February of that year.

The court noted that Khan voluntarily took a leave of absence in May 2025 and had not reviewed evidence or participated in the preparation of the arrest warrant application.

The Philippines situation was first opened for preliminary examination in 2018 under former prosecutor Fatou Bensouda and elevated to a full investigation in 2021. The ICC authorized the probe’s resumption in 2023, rejecting the Philippine government’s deferral request under Article 18(2) of the Statute.

Victims deserve justice

In a statement to NewsWatch Plus, the Office of the Prosecutor said Deputy Prosecutor Mame Mandiaye Niang continues to lead the probe into alleged crimes committed in the Philippines during the so-called “war on drugs.”

The office stressed that its work remains independent and impartial, based on evidence from witnesses, states, and civil society.

“Victims and survivors in the Philippines deserve justice and accountability,” it said.