The International Criminal Court (ICC) Appeals Chamber has disqualified Chief Prosecutor Karim Khan from the war crimes case against former Philippines President Rodrigo Duterte over a possible conflict of interest, according to a decision seen by Reuters.
The ruling marks another setback for Khan, who stepped aside in May amid a UN inquiry into alleged sexual misconduct. The disqualification removes him from the ICC’s only major ongoing case, adding to the institution’s challenges as it faces U.S. sanctions.
Duterte’s defense team had requested Khan’s removal, arguing that his prior representation of the Philippines Human Rights Commission (PHRC)—which had named Duterte as a suspect in extrajudicial killings during his “war on drugs”—posed a conflict of interest. They contended that Khan could not conduct an impartial investigation after previously supporting communications from victims to the court.
Khan denied the allegations, asserting that his earlier legal work did not create any conflict. However, on October 2, the Appeals Chamber granted the defense’s request, finding that his previous role could give the appearance of bias.
The ICC prosecutor’s office has yet to issue an official response. The case is now being led by Deputy Prosecutor Mame Mandiaye Niang, who is also under U.S. sanctions due to the court’s investigations into alleged Israeli war crimes in Gaza.
Duterte, who served as president from 2016 to 2022, was arrested in March on an ICC warrant linking him to thousands of killings during his anti-narcotics campaign. His legal team maintains that his arrest was unlawful and that he is medically unfit to stand trial at age 80.
Khan was previously ordered to recuse himself from the Venezuela investigation earlier this year over another potential conflict involving his sister-in-law’s professional ties to the Maduro government.
