Overview: A Steady Path for the Duterte Case
The international spotlight remains fixed on the ICC case related to former Philippine president Rodrigo Duterte, even after the Appeals Chamber disqualified Chief Prosecutor Karim A.A. Khan KC from involvement in the matter. The court announced that Deputy Prosecutor Mame Mandiaye Niang now leads the prosecution team, and that the ongoing proceedings should not experience significant disruption. This development keeps the focus squarely on the substantive questions before the court: allegations of crimes against humanity stemming from the so-called war on drugs, and the path toward potential trial and accountability.
What Changed: Leadership Transition in the Office of the Prosecutor
The ICC’s public statement clarified that the Office of the Prosecutor’s work in the Philippines is being driven by Deputy Prosecutor Niang, who has been at the helm since May 2025 when Khan began a leave of absence. The court noted that Khan’s departure does not derail investigations or the preparation of charges. According to Kristina Conti, Assistant to Counsel for victims before the ICC, Niang has “ably carried out” the prosecution’s responsibilities, including assembling evidence and finalizing the Document Containing the Charges (DCC), a critical document outlining the scope of the case and potential liability for Duterte.
Why Khan Was Disqualified
The Appeals Chamber ruled that Khan’s prior involvement in submitting a communication under Article 15 of the Rome Statute to then-Prosecutor Fatou Bensouda created an “objectively reasonable appearance of bias.” While the Chamber found no proven actual bias, it concluded that Khan’s earlier participation could lead an observer to question his impartiality, which is prohibited under Article 42 of the Rome Statute. The decision was issued on October 2, 2025 and released in redacted form on October 15, 2025.
Impact on the Case: Impartiality, Not Outcomes
ICC spokespeople emphasized that Khan’s disqualification does not affect the substance of the Duterte case. The prosecution continues under Niang’s leadership, with the aim of advancing toward trial where victims and affected communities hope to see accountability for alleged crimes. The court’s swift handling of the matter may also expedite addressing other procedural questions, such as Duterte’s fitness to stand trial and the ICC’s jurisdiction over the case.
What Victims and Observers Are Saying
Advocates for victims in ICC proceedings have welcomed the pace at which the Appeals Chamber resolved the issue, viewing it as a sign of procedural clarity and fairness. Kristina Conti stated that victims are eagerly awaiting trial. The resolution also helps maintain momentum in gathering evidence and refining the legal framework that will govern the proceedings, including potential witness protection and the scope of charges.
Looking Ahead: Next Steps for the Duterte Case
With Niang continuing to lead, the ICC team is expected to advance the DCC and other preparatory steps toward trial. Jurisdiction questions, procedural rulings, and the feasibility of proceeding in the Philippines will likely feature in upcoming ICC deliberations. The case remains a landmark test of the ICC’s ability to address charges of crimes against humanity in the context of a domestic security policy described as a sweeping and controversial “war on drugs.”
As the court moves forward, stakeholders—from victims’ counsel to international observers—will be watching how the Office of the Prosecutor manages evidence, fairness, and transparency in a high-profile case that has drawn global attention to the mechanisms of international justice.
