ICC disqualifies chief prosecutor from Duterte case over perceived conflict of interest

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THE HAGUE, Netherlands (AP) — Judges at the International Criminal Court on Wednesday disqualified the court’s chief prosecutor from the case against former Philippine President Rodrigo Duterte, who is charged with involvement in dozens of killings as part of his so-called “war on drugs” when in office.

The written decision cited a “reasonable appearance of bias” because Prosecutor Karim Khan — before he took office — represented victims of Duterte’s alleged crimes.

The decision, dated Oct. 2 but released in redacted form on Wednesday, comes with Khan already having stepped back in May from his duties pending the outcome of an independent investigation into allegations of sexual misconduct.

Court spokesperson Fadi El Abdallah said in a message on X that the disqualification would not have an impact on the case against Duterte, which would continue to be led by a deputy prosecutor.

Defense lawyers for Duterte sought to have Khan disqualified from the case in August, citing an “irreconcilable conflict of interest,” stemming from the fact that Khan — before he took office as the ICC’s chief prosecutor — represented victims of alleged extrajudicial killings in the Philippines, according to the written decision.

Duterte’s lawyer, Nick Kaufman, said in a message to The Associated Press that Khan’s “ethical obligations to his former clients were irreconcilable with his duties as chief prosecutor. The Defence believes that Karim Khan’s preconceived views as to Mr. Duterte’s guilt contaminated the investigation that he later supervised.”

Prosecutors had urged the judges to reject the request, arguing that the “mere fact of the Prosecutor’s involvement in a prior factual investigation cannot suffice for disqualification,” according to the ruling.

In a unanimous decision to disqualify Khan, a five-judge panel of ICC appeals judges said it “does not consider that actual bias on the part of the Prosecutor has been demonstrated, but added that it “considers that a fair-minded and reasonable observer could conclude that there is a reasonable appearance of bias in the specific circumstances of the present case.”

Duterte was arrested in March and sent to the court in The Hague. He denies the charges of crimes against humanity. Last week, ICC judges rejected a request from the former president to be released from detention, finding he was likely to refuse to return for trial and could use his freedom to intimidate witnesses.

Last month, the ICC postponed a pretrial hearing for Duterte over concerns about his health. Lawyers for the 80-year-old filed a motion in August for the proceedings to be delayed indefinitely, saying their client is “not fit to stand trial.”

The ICC has been investigating mass killings in crackdowns overseen by Duterte when he served as mayor of the southern Philippine city of Davao and later as his country’s president. Estimates of the death toll of the crackdown during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported up to 30,000 claimed by human rights groups.