Rody Duterte camp withdraws move to disqualify ICC prosecutor Khan

MANILA, Philippines (Updated August 25, 4:51 p.m.) — The legal team of former President Rodrigo Duterte said it will not move to disqualify International Criminal Court (ICC) Prosecutor Karim Ahmad Khan despite disclosures about his past professional links to individuals connected to the Philippine case.

In a public redacted filing dated August 15, but based on court records originally filed on April 3, 2025, defense counsel Nicholas Kaufman acknowledged Khan’s voluntary notifications about his prior representation of people later referenced in the Duterte probe. One of them is now slated to testify against Duterte while another is scheduled for interview.

Kaufman said he accepts Khan’s explanation that the omission in his initial disclosure was an “inadvertent oversight,” saying that there is “no ostensible reason” to doubt the prosecutor’s impartiality.

"On the face of the notifications, 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]. As [REDACTED], and as the Prosecutor, it is understood that interests are aligned,” the filing read.

The defense said that conflicts of interest should primarily be resolved between counsel and clients, either by waiver or withdrawal, and noted that Khan immediately reached out to brief them on the issue after his appointment.

"Accordingly, and despite the mandatory nature of Article 42(7) of the Rome Statute, the Defence, for its part, will not impede the smooth running of proceedings by seeking the Prosecutor’s disqualification,” Kaufman said.

Khan, who assumed office in 2021, is leading the ICC’s investigation into alleged crimes against humanity committed during Duterte’s bloody “war on drugs.”

Charges were formally presented during Duterte’s first court appearance in March 2025, accusing him of criminal responsibility for the murder of at least 43 individuals. These killings include 19 by the Davao Death Squad during his time as Davao City mayor and 24 others carried out by law enforcement under his presidency.

Despite the official police count of over 6,000 fatalities during Duterte’s nationwide campaign against illegal drugs from 2016 to 2019, human rights organizations estimate the true number of deaths may be as high as 30,000.

The next and critical step in the case is the confirmation of charges hearing, set for September 23 in The Hague. This hearing will determine whether there is sufficient evidence for the case to proceed to trial and to allow Duterte to challenge the charges.

Editor’s note: An earlier version of this story did not mention when the filing was originally submitted. This has been updated to reflect that the document was filed on April 3, 2025 but only released by the ICC on August 15.