ICC prosecutor opposes bid to disqualify him from Rodrigo Duterte case

MANILA, Philippines — International Criminal Court (ICC) Prosecutor Karim Khan argued that there is no grounds for him to be disqualified from the case of former Philippine President Rodrigo Duterte.

In a 13-page filing dated August 18, Khan said he filed the  notification in order to advise the court’s Pre Trial Chamber I that he has carefully considered whether the circumstances  give rise to any grounds for disqualification and that he does not consider that any grounds for disqualification currently exist.

“The Prosecutor is presumed to be impartial. On 16 June 2021, the Prosecutor took a public oath of office, undertaking to perform his duties impartially. The threshold to disqualify the Prosecutor must be a high one to safeguard the interests of the sound administration of justice,” the filing reads.

He likewise emphasized that he is not aware of any prior case in which his impartiality has been challenged on the basis of a prior involvement in an earlier stage of proceedings on behalf of one or more victims or a group representing the interests of victims.



“However, by analogy with the similar cases discussed below, it is clear that the Prosecutor’s prior involvement in the situation in the Republic of the Philippines was not in a capacity by virtue of which his impartiality might reasonably be doubted and was not such that he could be expected to have formed an opinion of the case in question that, objectively, could adversely affect his impartiality,” the filing states.

To further back his argument, Khan said international tribunals have also appointed prosecutors who had involvement in prior investigative proceedings.

“The Prosecutor notifies the Pre Trial Chamber I that the Prosecutor considers that there is no conflict of interest requiring him to seek to excuse himself from the situation in the Republic of the Philippines in accordance with rule 33,” the filing adds.

The submission states that the prosecutor would keep his position under review as matters progress and will provide further submissions or take further steps should the chamber deem it necessary.

“Accordingly, and unless further direction or order is received from the Pre Trial Chamber I, the Prosecutor hereby respectfully notifies the PTC that he intends to lead the prosecution of any case arising out of the situation in the Republic of the Philippines,” the document further states.

Earlier, Duterte’s defense team said Khan “failed to disclose a grievous conflict of interest and must now, immediately and without delay, be disqualified from any further role in the case against Duterte.”

Duterte’s counsel Nicholas Kaufman particularly said Khan “in his capacity as a private lawyer for hire” in 2018 represented victims of “an alleged policy of extra-judicial drug-related killings in the Philippines.”

In May, Khan temporarily stepped aside from his post as an investigation by the United Nations into alleged sexual misconduct by him nears its end. /gsg

(2025/08/20-06:51)

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