The defense team of former President Rodrigo Duterte, through his lead counsel Nicholas Kaufman, has withdrawn its motion before the Appeals Chamber of the International Criminal Court (ICC) seeking the disqualification of Prosecutor Karim Khan from handling the case.
‘‘There is no ostensible reason to doubt the Prosecutor’s impartiality or his assertions that he is not conflicted on account of his former representation of [REDACTED],’’ Kaufman said in a document dated Aug. 15, 2025. ‘‘The Defense, for its part, will not impede the smooth running of proceedings by seeking the Prosecutor’s disqualification’’ the filing added.
Kaufman had earlier raised concerns about Khan’s possible conflict of interest, alleging that the prosecutor once represented victims of Duterte’s anti-drug campaign when he was still a private lawyer.
Khan, however, maintained that ‘‘no grounds exist’’ to justify his removal. ‘‘The Prosecutor notifies the Pre-Trial Chamber that the Prosecutor considers that there is no conflict of interest requiring him to seek to excuse himself from the situation in the Republic of the Philippines in accordance with rule 33,’’ he said. Kaufman noted that Khan promptly reached out to him after his appointment, assuring that he was aware of his duty to update the court should circumstances change.
Meanwhile, Duterte’s defense team said it expects to spend about five hours to present arguments at the confirmation of charges hearing before the ICC in September.
The lawyers stressed their client ‘‘did not commit any criminal offense’’ in his administrationâ’s war on drugs, during which at least 7,000 ‘‘drug personalities’’ were killed in police operations.
In a three-page filing submitted to Pre-Trial Chamber 1 on Aug. 22, Kaufman outlined how the defense presentation would proceed. He said the team would allot 30 minutes each for its opening and closing statements.
The main presentation, expected to last three to four hours, will expand on several core legal issues, including the alleged modes of liability attributed to Duterte and the contextual requirements for crimes against humanity.
Kaufman concluded by asserting that ‘‘or the sake of clarity and the historical record, Mr. Duterte did not commit any criminal offense†and had instead “served his city and country, faithfully and with pride, for many years.’’
