ICC Duterte Case Unaffected as Prosecutor Disqualification Briefly Shifts Roles
The International Criminal Court (ICC) has reaffirmed that the ongoing case against former Philippine president Rodrigo Duterte remains on track, despite the disqualification of Chief Prosecutor Karim A. A. Khan KC from the matter. Deputy Prosecutor Mame Mandiaye Niang will continue to lead the prosecution team, ensuring that the case proceeds with the same objectives and investigative rigor.
Continuity Under Deputy Prosecutor Niang
Since May 2025, when Khan began a leave of absence, Deputy Prosecutor Niang has overseen the Philippine situation. The ICC noted that Niang has ably managed the prosecution, coordinating evidence collection and guiding the finalization of the Document Containing the Charges (DCC), which outlines the scope of the case and potential liability for Duterte.
Kristina Conti, Assistant to Counsel for victims before the ICC, emphasized that Niang’s leadership has preserved momentum in the investigation. She described Niang as actively steering the team and maintaining steady progress toward a trial readiness posture.
Why Khan Was Disqualified
The ICC Appeals Chamber ruled that Khan’s prior involvement in submitting a communication under Article 15 of the Rome Statute to former ICC Prosecutor Fatou Bensouda created an appearance of bias. Although the Chamber found no evidence of actual bias, it concluded that Khan’s earlier participation could reasonably lead observers to question impartiality.
Under Article 42 of the Rome Statute, prosecutors are prohibited from participating in matters where their impartiality might reasonably be in doubt. The decision to disqualify Khan was issued on October 2, 2025 and made public in redacted form on October 15, 2025.
What This Means for Victims and Jurisdiction
Conti stated that victims are eagerly awaiting the start of a formal trial. The swift resolution of Khan’s disqualification has allowed the Court to focus on other significant questions, such as Duterte’s fitness to stand trial and the ICC’s jurisdiction over the case.
ICC spokespeople reiterated that the disqualification does not halt the Duterte case. The prosecution under Niang’s leadership continues to advance the investigation, compile evidence, and prepare for potential charges related to alleged crimes against humanity linked to the so-called “war on drugs.”
Looking Ahead
As the proceedings move forward, observers will watch for timelines regarding the trial’s schedule and any further rulings on procedural matters. The ICC’s handling of this case remains a focal point for international law, particularly in how it balances fairness, efficiency, and accountability across complex, high-profile investigations.
Conclusion
In sum, the Duterte case remains active and progressing under Deputy Prosecutor Niang. Khan’s disqualification, while a notable procedural development, is not expected to derail the case or disrupt the work of the Office of the Prosecutor in pursuing accountability for alleged crimes linked to Duterte’s administration.
