Duterte bid to disqualify prosecutor ‘no impact’ on case - ICC office

Metro Manila, Philippines - The International Criminal Court (ICC) has confirmed that former President Rodrigo Duterte’s request to disqualify Chief Prosecutor Karim Khan will have no impact on the progression of the case against him.

In a brief statement sent to NewsWatch Plus, the ICC Office of the Prosecutor said it had “no comment” on Duterte’s defense team’s motion to remove Khan, but added that the case would continue to be led by Deputy Prosecutor Mame Mandiaye Niang.

“The filing of this request will have no impact on the progression of the case against Mr Rodrigo Roa Duterte, which is led by Deputy Prosecutor Mame Mandiaye Niang,” the office said.

Duterte’s legal team filed the disqualification request on Aug. 7, and accused Khan of a “grievous conflict of interest” due to his previous legal representation of people claiming to be victims of Duterte’s anti-drug campaign.

The filing, made public by the ICC Appeals Chamber, said Khan failed to disclose this prior involvement, undermining the impartiality of the investigation.

British barrister Nicholas Kaufman, leading Duterte’s defense, argued that Khan’s prior role representing victims before joining the ICC in 2021 creates an “irreconcilable” conflict that disqualifies him from continuing in the case.

The defense said Khan’s participation could “contaminate” the proceedings, especially with the confirmation of charges hearing scheduled for Sept. 23.

However, the ICC said the disqualification request would not delay or derail the case, which stems from alleged crimes committed during Duterte’s presidency and has led to an arrest warrant and the former leader’s surrender to the court earlier this year.

The appeals chamber is reviewing the request and will determine whether Khan’s past legal activities breached the court’s ethical standards under the Rome Statute, the treaty that created the ICC.

Meanwhile, the prosecution said it will proceed under Niang’s leadership, ensuring that the case would proceed without interruption.