The legal team of former President Rodrigo Duterte petitioned the Appeals Chamber of the International Criminal Court (ICC) to disqualify Prosecutor Karim Khan from handling the case, arguing he has “failed to disclose a grievous conflict of interest.”
According to lawyer Nicholas Kaufman, the lead counsel of Duterte, Khan had previously served as legal representative for individuals claiming to be victims of the previous administration’s anti-drug campaign. The identity/ies of whom have been redacted.
The defense argued that Khan “seemingly exploited” confidential information obtained during that time after assuming the role of ICC prosecutor in June 2021.
In the petition dated August 7, 2025, Duterte’s camp described the alleged conflict of interest as “irreconcilable” and questioned his impartiality in overseeing the investigation of cases related to extrajudicial killings in the Philippines.
“When assuming the role of Chief Prosecutor in June 2021, and proceeding to oversee the investigation in the Philippines, Mr. Khan took on the statutory obligation of actively seeking exculpatory evidence,” the defense team said.
In criminal law, ‘exculpatory evidence’ means any information that could suggest the defendant is not guilty or responsible for the crime he is being accused of, thus supporting his innocence.
“Such exculpatory evidence could, by its very nature, cast doubt on the testimony provided by the same people whose interests he had been charged to protect,” the petition added, noting further that Khan did not seek a waiver from the victims that he formerly represented.
The Duterte camp also cited the sexual misconduct allegations against Khan, who is currently on leave to deal with this case. “[A] fair and informed observer could reasonably perceive bias warranting the Prosecutor’s disqualification,” their request said.
”Given the imminence of the confirmation of charges hearing, presently scheduled for September 23, 2025, the defense respectfully requests that the Appeals Chamber swiftly adjudicate this request to ensure that Mr. Khan is precluded from further participation in, and contamination of, the present case,” the defense team added.
The prosecution team currently led by Deputy Prosecutor Mame Mandiaye Niang in Khan’s absence has yet to comment on this issue.
Duterte was arrested in the Philippines by local authorities on March 11 based on a warrant issued by the ICC. He is currently detained at the Scheveningen Prison in The Hague on crimes against humanity charges in connection with the killings under his war on drugs policy when he was mayor of Davao City and during his presidency between November 2011 to mid-March 2019.
The ICC Pre-Trial Chamber has provisionally scheduled his confirmation of charges hearing on September 23, 2025.
