The legal team of former Philippine President Rodrigo Duterte has called on the International Criminal Court (ICC) to remove its lead prosecutor from his case, citing what they claim is a serious conflict of interest.
In a formal submission to the ICC Appeals Chamber dated August 7, Duterte’s lawyer Nicholas Kaufman argued that Prosecutor Karim Khan should be disqualified from handling the case due to his prior involvement with victims of drug-related killings in the Philippines—before he became the court’s top prosecutor in 2021.
According to Kaufman, Khan previously served “as a private lawyer for hire” in 2018, representing alleged victims of Duterte’s controversial anti-drug campaign. “When assuming the role of Chief Prosecutor in June 2021, and proceeding to oversee the investigation in the Philippines, Mr. Khan took on the statutory obligation of actively seeking exculpatory evidence,” the defense team said in the filing. They emphasized that such evidence might contradict the very testimonies of individuals Khan once represented, raising doubts about his impartiality.
The defense cited Article 42(7) of the Rome Statute, which prohibits prosecutors from engaging in cases where their neutrality may be reasonably questioned. Kaufman underscored that even the appearance of bias is sufficient grounds for disqualification. “This determination is predicated on the perspective of ‘a reasonable observer, properly informed,’” he explained.
Khan is currently on leave pending an internal UN probe into separate allegations of sexual misconduct.
Duterte, who is detained in The Hague, faces accusations of crimes against humanity linked to his bloody war on drugs, a campaign that human rights groups say left between 12,000 and 30,000 dead. His confirmation of charges hearing is set for September 23.
