In a move that has sent ripples through international legal circles, judges at the International Criminal Court (ICC) have disqualified their chief prosecutor, Karim Khan, from the high-profile case against former Philippine President Rodrigo Duterte. The decision, announced publicly on October 15, 2025, comes after months of legal wrangling and concerns about a possible conflict of interest stemming from Khan’s previous work representing victims of Duterte’s alleged crimes before he took office at the ICC.
The ICC’s Appeals Chamber, in a unanimous ruling dated October 2 but only released in redacted form this week, found that Khan’s prior involvement could create a “reasonable appearance of bias.” According to the panel, a “fair-minded and reasonable observer could conclude there is a reasonable appearance of bias in the specific circumstances of the present case.” The court was careful to note, however, that it did not find evidence of actual bias on Khan’s part.
This ruling followed an appeal filed by Duterte’s defense team in August, which argued that Khan’s “ethical obligations to his former clients were irreconcilable with his duties as chief prosecutor.” The defense’s core contention was that Khan, as a private lawyer in 2018, represented victims of the Duterte administration’s controversial anti-drug campaign, and that his subsequent role as ICC prosecutor overseeing the investigation into Duterte created an irreconcilable conflict. Duterte’s lawyer, Nick Kaufman, was blunt in his criticism, stating that Khan’s “preconceived views as to Mr. Duterte’s guilt contaminated the investigation that he later supervised.”
Prosecutors for the ICC, however, pushed back, asserting that “the mere fact of the Prosecutor’s involvement in a prior factual investigation cannot suffice for disqualification.” Khan himself, in a filing to the Appeals Chamber on August 18, insisted, “The Prosecutor did not represent either of the two individuals that he met in 2018 and which were referred to in the Second notification. They were not amongst the victims that he represented.” He further argued that he had taken a leave of absence in May 2025 and “has played no role in the situation in the Philippines or any ongoing case since that date.”
The court’s decision was not taken lightly. The Appeals Chamber emphasized the high threshold required to disqualify a prosecutor, but ultimately concluded that Khan’s involvement was “significantly intense and multifaceted.” In its ruling, the Chamber stated, “Bearing the above in mind, and noting the Appeals Chamber’s duty to ensure fairness throughout the entirety of the proceedings, thereby preserving their integrity, the Appeals Chamber is of the view that in the specific circumstances at hand, a reasonable observer could expect the Prosecutor to have formed an opinion that, objectively, could adversely affect his required impartiality in the case at hand.”
Despite the gravity of the decision, ICC spokesperson Fadi el Abdallah was quick to reassure the public and the parties involved that the disqualification “has no impact on the ongoing case” against Duterte. “This decision does not affect the continuation of the proceedings in this case, which is led from the Office of the Prosecutor by Deputy Prosecutor Mame Mandiaye Niang,” Abdallah explained. He added that the Office of the Prosecutor “has been able to advance the case against Mr. Duterte solely on the strength of independently gathered evidence, and information collected from a wide range of sources, including interviews with witnesses, information from States, international partners, and civil society, as well as publicly available information.”
For Duterte, the stakes could hardly be higher. The former president, now 80 years old, was arrested in March 2025 by Philippine authorities on a warrant issued by the ICC, and is currently detained at Scheveningen Prison in The Hague. He faces charges of crimes against humanity in connection with thousands of killings during his so-called “war on drugs,” both as mayor of Davao City and as president. Official police figures report over 6,000 deaths during his anti-drug campaign, while human rights groups claim the toll could be as high as 30,000.
Duterte has steadfastly denied all accusations. Last week, ICC judges rejected a request for his release, citing the likelihood he would flee or attempt to intimidate witnesses if granted freedom. The court also postponed a pretrial hearing last month amid concerns about Duterte’s health, after his lawyers argued he was “not fit to stand trial.”
The disqualification of Khan adds another layer of complexity to an already fraught legal saga. The case has been closely watched not only in the Philippines but around the world, as it tests the reach and credibility of international justice mechanisms. The ICC’s willingness to disqualify its own chief prosecutor, despite the absence of proven actual bias, underscores the institution’s commitment to maintaining the appearance of impartiality and fairness in its proceedings.
The defense’s arguments were not limited to Khan’s previous legal work. They also cited ongoing allegations of sexual misconduct against Khan, which led to his self-imposed leave of absence in May 2025. “Additionally, Mr. Khan’s current self-imposed leave of absence to deal with allegations of sexual abuse and retaliatory acts perpetrated against his staff rebuts the presumption to which he would otherwise be entitled; namely, that he is of ‘high moral’ character and that his notifications should be taken as gospel,” the defense team asserted.
For its part, the Office of the Prosecutor has emphasized that its work is based on independently gathered evidence, and that the case will proceed under the supervision of Deputy Prosecutor Niang. “The victims and survivors in the Philippines situation deserve justice and accountability. The Office’s activities in this case will continue, contributing to ensuring that justice is pursued impartially and independently,” the Office reiterated in a statement.
The ICC investigation into Duterte’s “war on drugs” has long been a source of controversy and political tension in the Philippines. While some Filipinos argue that the campaign was necessary to combat rampant drug-related crime, critics—both domestic and international—have condemned the extrajudicial killings and accused Duterte’s administration of gross human rights violations. The wide discrepancy in death toll estimates only adds to the contentiousness of the case.
Looking ahead, hearings in the ICC case against Duterte are expected to resume later this year, now under the leadership of Deputy Prosecutor Niang. While the disqualification of Karim Khan marks a significant moment in the proceedings, the court’s core mission—delivering justice for victims of mass atrocities—remains unchanged. The world, and the Philippines in particular, will be watching closely as the case moves forward, with the hope that the proceedings will ultimately bring clarity, accountability, and perhaps a measure of closure to a deeply divided nation.