Jonathan Frederic De Santos

International Criminal Court Chief Prosecutor Karim Khan. ICC-CPI handout photo

Article (news)

Carlos Trazo

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/17599381958561759938193969.jpeg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">International Criminal Court chief prosecutor Karim Khan. <em>ICC-CPI handout photo </em></span></span></span></div><p>MANILA — Chief Prosecutor Karim Khan of the International Criminal Court (ICC) has formally urged the Appeals Chamber to dismiss a request from the defense team of former President Rodrigo Duterte seeking his disqualification from the case of alleged crimes against humanity in the Philippines.</p><p>In a detailed submission, Khan argued that the Disqualification Request is based on speculative and unfounded claims that fail to meet the legal threshold for disqualification.</p><p>He emphasized that his limited involvement in a 2018 Article 15 communication, submitted to then-Prosecutor Fatou Bensouda, does not compromise his impartiality.</p><p>An Article 15 communication is a formal submission made to the ICC Prosecutor by individuals, groups, or organizations asking the Court to investigate alleged crimes. It is part of the Rome Statute, the ICC’s founding treaty.</p><p>These communications are reviewed by the Prosecutor to decide whether there is a “reasonable basis” to open an investigation.</p><p>Importantly, this process happens before any case is officially opened and does not involve any accused person responding or defending themselves. It is not a legal proceeding and does not create an “opposing party.”</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/2/icc-registry-pushes-back-on-duterte-medical-order-0813"><strong>ICC Registry pushes back on Duterte medical order<br/></strong></a></div><div><br/></div><div><strong>PROSECUTOR DEFENDS IMPARTIALITY</strong></div><p>Khan maintained that the Article 15 communication was submitted before any formal investigation or case was initiated, and therefore cannot be considered “legal proceedings” under Rule 34(1)(b) of the Rome Statute.</p><p>He explained that no opposing party exists at that stage, and individuals named in such communications do not have the right to respond or contest the submission.</p><p>He also addressed Rule 34(1)(c), noting that he could not have formed an opinion on the current case at the time of the 2018 submission, as the evidentiary basis has significantly evolved over the years.</p><p>Khan emphasized that impartiality must be assessed objectively, and a reasonable observer would recognize the distinction between his past role and his current responsibilities.</p><p>Khan cited several safeguards and precedents:</p><p>-The case is being handled by a dedicated team under Deputy Prosecutor Mame Mandiaye Niang</p><p>-Prior involvement in investigative activities is common among international prosecutors and judges.</p><p>-The legal standards applied in 2018 differ from those used in the current phase of proceedings.</p><p>-Lawyers represent clients, and submissions made on their behalf should not be equated with personal opinions.</p><p>He also pointed out that there is no overlap between the victims he briefly represented in 2018 and those referenced in the arrest warrant application.</p><p>His last involvement with the Article 15 communication occurred more than seven years ago.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/8/7/duterte-camp-seeks-disqualification-of-icc-chief-prosecutor-khan-over-conflict-of-interest-2352"><strong>READ: Duterte camp seeks disqualification of ICC chief prosecutor Khan over &#x27;conflict of interest’</strong></a></div><div><br/></div><div><strong>TIMELINE OF EVENTS</strong></div><p>-June 29, 2018: Khan, as part of a legal team, submitted an Article 15 communication to the ICC.</p><p>-May 24, 2021: Former Prosecutor Bensouda requested authorization to investigate.</p><p>-June 16, 2021: Khan took his oath of office.</p><p>-September 15, 2021: ICC authorized the investigation.</p><p>-January 26, 2023: ICC resumed the probe after a deferral request from the Philippine government.</p><p>-February 10, 2025: ICC applied for an arrest warrant against Duterte; Khan did not review the evidence.</p><p>-March 6, 2025: Khan filed a notification clarifying his past involvement.</p><p>-April 1, 2025: A second notification corrected factual errors and clarified witness connections.</p><p>-May 16, 2025: Khan voluntarily took a leave of absence from the Court.</p><p>-August 6, 2025: The defense filed the Disqualification Request.</p><div><br/></div><div><strong>AWAITING DECISION</strong></div><p>Khan concluded his submission by reaffirming his respect for the Appeals Chamber’s authority. He stated that if the Chamber finds a reasonable apprehension of bias, he will fully comply with its decision.</p><p>Until the matter is resolved, Khan will have no involvement in the case against Duterte, which continues under the supervision of Deputy Prosecutor Niang.</p><p>The ICC has yet to issue a ruling on the disqualification request.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/8/19/icc-chief-prosecutor-khan-says-no-grounds-to-remove-him-from-duterte-s-icc-case-2329"><strong>READ: ICC chief prosecutor Khan says no grounds to remove him from Duterte’s ICC case</strong></a></div>

<p>Chief Prosecutor Karim Khan of the International Criminal Court (ICC) has formally urged the Appeals Chamber to dismiss a request from the defense team of former President Rodrigo Duterte seeking his disqualification from the ongoing investigation.</p>

Chief Prosecutor Karim Khan of the International Criminal Court (ICC) has formally urged the Appeals Chamber to dismiss a request from the defense team of former President Rodrigo Duterte seeking his disqualification from the ongoing investigation.

ICC prosecutor Karim Khan urges chamber to dismiss disqualification request in Duterte case

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ICC prosecutor Karim Khan urges chamber to dismiss disqualification request in Duterte case

Carlos Trazo,

ABS-CBN News

Published Oct 09, 2025 01:21 AM PHT

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ICC

Karim Khan

disqualification request

appeal

International Criminal Court

Rodrigo Duterte

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