THE International Criminal Court (ICC) has officially removed Chief Prosecutor Karim Khan from the case against former Philippine President Rodrigo Roa Duterte, citing a potential conflict of interest due to Khan’s prior involvement before taking office.
In a decision dated October 2 and released in redacted form on October 15, the ICC Appeals Chamber granted the defense’s request to disqualify Khan from The Prosecutor v. Rodrigo Roa Duterte. The Chamber cited Article 42(7) of the Rome Statute, which bars prosecutors from participating in cases where their impartiality might reasonably be questioned.
Before becoming ICC Prosecutor, Khan had submitted an Article 15 communication to then-Prosecutor Fatou Bensouda, urging an investigation into alleged crimes against humanity committed during Duterte’s controversial anti-drug campaign.
Under Article 15 of the Rome Statute, the ICC Prosecutor can initiate investigations based on information submitted by individuals, NGOs, or other entities. These communications are not formal complaints but evidence packages that help the Prosecutor decide whether to open a preliminary examination.
Although the Chamber found no proof of actual bias, it ruled that Khan’s ‘significantly intense and multifaceted’ involvement in the Article 15 submission could lead a reasonable observer to believe he had already formed an opinion on Duterte’s criminal responsibility.
As the ruling states: ‘The Appeals Chamber considers that a reasonable observer would conclude that, in light of the nature and the extent of the Prosecutor’s involvement in the Article 15 Communication, he could be expected to have formed an opinion on the individual criminal responsibility of Mr. Duterte, that could adversely affect the required impartiality in his current role.’
ICC Statement: Case Moves Forward
Caroline Maurel, ICC outreach officer from the Public Information and Outreach Section, clarified: ‘This disqualification has no impact on the ongoing case against Mr Duterte.’
She explained that while the Appeals Chamber did not find actual bias, it recognized that Khan’s prior role could reasonably be seen as compromising his impartiality.
The case will now be handled by Deputy Prosecutor Mame Mandiaye Niang, who leads the ICC’s work on the Philippines situation.
Duterte was turned over to ICC custody in March 2025 and faces charges of crimes against humanity linked to thousands of extrajudicial killings during his presidency.