Conflict of Interest Cites ICC Disqualification of Chief Prosecutor in Duterte Case

The International Criminal Court (ICC) has disqualified Chief Prosecutor Karim Khan from handling the case against former Philippine President Rodrigo Duterte due to a potential conflict of interest arising from his past involvement with a human rights body that previously named Duterte as a suspect.

According to a Reuters report, the ICC Appeals Chamber granted the motion filed by Duterte’s defense on October 2, citing Khan’s earlier role as a representative of the Philippines Human Rights Commission (PHRC), where he was linked to a process that identified Duterte in a communication to the ICC. The defense argued that this connection could compromise Khan’s impartiality in prosecuting the former president.

The ruling followed a motion submitted in August by Duterte’s legal team, which sought Khan’s disqualification over his alleged engagement in facilitating victim communications related to the Philippine drug war. Khan had denied any bias, asserting that there was no conflict of interest and requesting that the judges reject the defense petition.

However, the Appeals Chamber ruled that Khan’s prior association could give rise to a perception of bias, effectively removing him from all proceedings related to Duterte’s case.

Khan, who has also faced a separate United Nations probe for alleged sexual misconduct, has not issued a public statement regarding his disqualification.

Duterte, who was transferred to the ICC detention center in The Hague in March, faces charges linked to extrajudicial killings under his controversial anti-drug campaign from 2016 to 2022. The investigation seeks to determine his accountability for crimes against humanity.

ICC Assistant to Counsel Atty. Kristina Conti said the disqualification is unlikely to derail the prosecution.

“If the reports are true, we do not anticipate a significant interruption in the work of the Office of the Prosecutor,” Conti said. “The case has been competently managed by the Philippine team led by Deputy Prosecutor Mame Mandiaye Niang. We see no substantial or fundamental conflict of interest between the victims and the Office of the Prosecutor.”

She added that the public should await the full release of the Appeals Chamber’s decision to better understand the basis of the ruling.

The ICC’s decision marks a significant twist in the ongoing international legal battle against Duterte, whose bloody war on drugs has drawn widespread condemnation from human rights groups and foreign governments.