ICC judges disqualify chief prosecutor from Duterte case over ‘appearance of bias’
THE HAGUE: Judges at the International Criminal Court (ICC) on Wednesday (Oct 15) disqualified the court’s chief prosecutor, Karim Khan, from the case against former Philippine president Rodrigo Duterte, who is charged with involvement in dozens of killings during his so-called “war on drugs” while in office.
The written decision cited a “reasonable appearance of bias” because Khan, before taking office, represented victims of Duterte’s alleged crimes.
The decision, dated Oct 2 but released in redacted form on Wednesday, comes as Khan remains on leave pending an investigation into allegations of sexual misconduct.
ICC spokesperson Fadi El Abdallah said on X that the disqualification “will not affect the case”, which will continue under a deputy prosecutor.
DUTERTE’S LAWYERS CITE CONFLICT OF INTEREST
Defence lawyers for Duterte sought Khan’s removal in August, arguing an “irreconcilable conflict of interest” because of his previous work representing victims of alleged extrajudicial killings in the Philippines.
Duterte’s lawyer, Nick Kaufman, said Khan’s “ethical obligations to his former clients were irreconcilable with his duties as chief prosecutor,” and claimed Khan’s “preconceived views” about Duterte’s guilt had “contaminated the investigation.”
Prosecutors urged judges to reject the request, saying that “the mere fact of the Prosecutor’s involvement in a prior factual investigation cannot suffice for disqualification.”
UNANIMOUS RULING
In a unanimous ruling, a five-judge ICC appeals panel said it found no evidence of actual bias but concluded that a “fair-minded and reasonable observer could conclude there is a reasonable appearance of bias.”
Duterte, 80, was arrested in March and transferred to The Hague, where he faces charges of crimes against humanity. He denies all accusations.
Last week, ICC judges rejected a request for his release, citing the likelihood he would flee or attempt to intimidate witnesses.
The court postponed a pre-trial hearing last month over concerns about Duterte’s health after his lawyers said he was “not fit to stand trial.”
WAR ON DRUGS CASE CONTINUES
The ICC investigation centres on mass killings carried out during anti-drug crackdowns that Duterte oversaw first as mayor of Davao City and later as president.
Estimates of the death toll vary, from over 6,000 reported by police to as many as 30,000 claimed by human rights groups.
Despite the prosecutor’s disqualification, the ICC said the case will proceed under his deputy, with hearings expected later this year.
