Former President Rodrigo Duterte has formally petitioned the International Criminal Court (ICC) to disqualify Chief Prosecutor Karim Khan from further involvement in the case against him, citing a “grievous conflict of interest” stemming from his prior role as legal representative for alleged victims of the Philippine drug war.
In a redacted request filed on August 7 and released by the ICC’s Appeals Chamber, Duterte’s legal team said Khan should be disqualified “immediately and without delay.”
They pointed to Khan’s prior legal representation of unnamed victims of the Philippine drug war before his appointment as ICC prosecutor, suggesting this undermines his impartiality.
“The extent of Mr. Khan’s contamination of the integrity of the investigation against Mr. Duterte will be litigated at the confirmation of charges hearing,” the filing stated.
“For the time being, the Appeals Chamber is requested to disqualify Mr. Khan from resuming a role in the case against Mr. Duterte should he surmount his current difficulties,” it added.
According to Duterte’s counsel, British lawyer Nicholas Kaufman, Khan’s failure to disclose his prior role as a victims’ representative created an “irreconcilable conflict of interest” and a violation of the ICC’s obligation of impartiality.
The request alleges that Khan, as a private lawyer in 2018, represented individuals who claimed to be victims of the anti-drug campaign in the Philippines, and then used information from that prior role when he later led the ICC investigation into the same campaign.
The defense also accused Khan of failing to seek a waiver from his former clients and only disclosing his prior involvement in March 2025, just one day before the ICC issued a warrant for Duterte’s arrest.
Khan was present in court during Duterte’s initial appearance on March 14 and only went on self-imposed leave weeks later amid unrelated allegations of sexual misconduct.
The ICC has set the confirmation of charges hearing against Duterte for Sept. 23.
Duterte has been in ICC custody since March following the issuance of the warrant related to the alleged commission of crimes against humanity in connection with the drug war during his presidency. (Argyll Geducos)
