The defense team of former Philippine President Rodrigo Duterte has filed a formal request to the International Criminal Court (ICC) Appeals Chamber seeking the disqualification of Prosecutor Karim Khan. Their move comes amid Khan’s temporary leave from office while under investigation by the UN Office of Internal Oversight Services for alleged sexual misconduct.
In a document dated August 7, Duterte’s legal counsel, led by lawyer Nicholas Kaufman, argued that Khan failed to disclose a significant conflict of interest. Specifically, Kaufman pointed out that in 2018, prior to his appointment as Chief Prosecutor, Khan had acted as a private lawyer for victims of the same alleged extrajudicial killings now under investigation—actions linked to Duterte’s controversial war on drugs.
According to the defense, when Khan took on the prosecutor role in 2021, he was legally bound to search for evidence that could potentially clear Duterte. However, since he previously represented the alleged victims, any such evidence could undermine the very people he once supported—creating a serious issue of bias. This, the defense argued, violates Article 42(7) of the Rome Statute, which stresses the importance of prosecutorial impartiality.
Kaufman emphasized that even the appearance of bias is enough for disqualification, citing prior ICC rulings that don’t require proven partiality but only a reasonable perception of it from an informed observer. The filing aims to have Khan removed from further participation in Duterte’s case, which centers on allegations of crimes against humanity related to thousands of drug war killings. Duterte remains in detention in The Hague as he awaits the confirmation of charges hearing scheduled for September 23.
