International Criminal Court (ICC) appeals judges have disqualified Chief Prosecutor Karim Khan from handling the war crimes case against former Philippine President Rodrigo Duterte, citing a possible conflict of interest, according to a court document obtained by Reuters.

The decision marks another setback for Khan, who had already stepped aside in May amid a United Nations investigation into allegations of sexual misconduct. With this ruling, Khan is barred from participating in the Duterte proceedings—the ICC’s only major active case—adding to the court’s difficulties as it faces the U.S.-imposed sanctions.

In August, Duterte’s defense team petitioned for Khan’s disqualification, claiming that his previous involvement in submitting communications from victims of Duterte’s anti-drug campaign to the ICC created a conflict of interest.

They argued that Khan could not remain impartial since he had once represented the Philippine Human Rights Commission (PHRC) in identifying Duterte as a prime suspect.

Khan contested the motion, insisting that his prior representation of the PHRC chair and a group of victims in ICC-related communications did not constitute a conflict of interest.

However, in a decision dated October 2, the ICC Appeals Chamber upheld the defense’s request, concluding that Khan’s prior role could give the appearance of bias and therefore disqualified him from the case. The ruling has yet to be made public.

The Office of the ICC Prosecutor has not issued any official response to the development.

Duterte, who served from 2016 to 2022, was arrested in March and brought to The Hague under an arrest warrant linking him to killings during his administration’s war on drugs, which left thousands of alleged drug dealers and users dead.

He continues to claim his detention is illegal and amounts to kidnapping.

The case is currently overseen by Deputy Prosecutor Mame Mandiaye Niang, who is also subject to U.S. sanctions linked to the ICC’s probe into alleged Israeli war crimes in Gaza.

In November of last year, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas leader Ibrahim al-Masri, accusing them of war crimes and crimes against humanity committed during the Gaza conflict.

Previously, Khan had been ordered to recuse himself from the Venezuela investigation after it was revealed that his sister-in-law serves as a lawyer for President Nicolás Maduro’s government, creating another potential conflict of interest.

Meanwhile, Khan’s lawyers have dismissed the sexual misconduct allegations being investigated by the United Nations, maintaining his innocence.

Elija Philip C. Lutawan

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ICC judges disqualify prosecutor Karim Khan from Duterte war crimes case over conflict of interest