ICC: Duterte Case Moves Forward Despite Prosecutor Disqualification
The International Criminal Court (ICC) has asserted that the disqualification of Chief Prosecutor Karim A. A. Khan KC will not derail the ongoing proceedings against former Philippine president Rodrigo Duterte. The decision keeps Deputy Prosecutor Mame Mandiaye Niang at the helm of the prosecution team as the court moves toward the next steps in the case, including potential trials related to alleged crimes against humanity.
Leadership Change at the ICC Prosecution Team
In a formal statement, the ICC confirmed that the work on the Philippines situation is now led by Deputy Prosecutor Niang. Khan, who has been on voluntary leave, faced a ruling from the ICC Appeals Chamber disqualifying him from involvement in the Duterte case. The chamber determined that Khan’s prior participation in submitting a communication under Article 15 of the Rome Statute could reasonably appear biased, even though no actual bias was proven. This ruling highlights the Court’s commitment to maintaining the appearance and reality of impartiality in its proceedings.
What the Disqualification Means
The Appeals Chamber emphasized that Article 42 of the Rome Statute prohibits ICC prosecutors from taking part in matters where their impartiality might reasonably be doubted. While the decision to disqualify Khan is a procedural development, it is not viewed as a setback for the investigation or the prosecution of alleged crimes committed in the Philippines during Duterte’s administration.
Continuity of the Philippines Case
ICC spokespersons and officials indicated that the Duterte case will continue to advance under Niang’s leadership. Since May 2025, Niang has managed the prosecution after Khan began his leave, and reports indicate that Niang has been closely involved in gathering evidence and finalizing the Document Containing the Charges (DCC). The DCC is critical as it delineates the scope of the case and outlines potential liabilities for Duterte, providing a framework for the court’s eventual proceedings.
Voices from the Victims and Court Observers
Kristina Conti, Assistant to Counsel for victims before the ICC, noted that Niang “ably carried out” the prosecution’s work and has been instrumental in coordinating the case’s next phases. Conti also explained that the disqualification was designed to safeguard fairness and integrity, rather than to punish or hinder the ongoing investigations.
Upcoming Issues for the Court
The Appeals Chamber’s swift resolution of Khan’s disqualification could enable the Court to address other pending questions, including Duterte’s fitness to stand trial and the ICC’s jurisdiction over the case. Observers suggest that a timely resolution could help the Court proceed toward trial preparations and the adjudication of key evidentiary questions.
Background on the Duterte Case
The case centers on allegations that crimes against humanity were committed during Duterte’s administration’s “war on drugs,” an initiative that drew widespread international attention and controversy. The ICC’s involvement stems from a formal investigation into possible crimes occurring within the Philippines, with the court seeking to determine accountability for acts alleged to have occurred during the period in question.
What Comes Next?
With Niang at the helm and Khan on leave, the ICC faces the task of addressing outstanding legal questions while maintaining momentum toward a formal trial if the court finds sufficient grounds. The ongoing process underscores the ICC’s emphasis on procedural fairness and the integrity of its investigative and prosecutorial actions, even as it navigates changes within its own leadership.
The Duterte case remains a landmark matter within the ICC framework, illustrating how international institutions manage leadership changes without disrupting critical investigations into alleged crimes against humanity. Prosecutors, victims, and observers will continue monitoring developments as the court advances toward final determinations on jurisdiction, eligibility, and the ultimate path to trial.
