ICC disqualifies Chief Prosecutor Karim Khan who sought Netanyahu's warrant

THE HAGUE: The Appellate Judges of the International Criminal Court (ICC) have disqualified Chief Prosecutor Karim Khan from participating in the war crimes case against former Philippine President Rodrigo Duterte, citing a potential conflict of interest.

According to Reuters, the decision marks another major setback for Karim Khan, who had earlier stepped aside in May during a United Nations investigation into allegations of sexual misconduct.

Khan has now been barred from involvement in the Duterte case, which was one of the ICC’s only active major proceedings—and one already under U.S. sanctions.

In August, Duterte’s legal team filed a petition for Khan’s disqualification, arguing that his previous role as a representative of the Philippine Human Rights Commission—where he had allegedly been involved in efforts to hold Duterte accountable—undermines his impartiality.

Khan contested the motion, but on October 2, the ICC’s Appeals Chamber upheld the defense’s request, ruling that his past association casts doubt on his neutrality, and therefore, he must recuse himself from the case.

The ICC Prosecutor’s Office has not yet commented on the decision.

Duterte, who served as president from 2016 to 2022, was arrested in March and transferred to The Hague. He faces accusations of ordering thousands of extrajudicial killings during his controversial “war on drugs.” His lawyers have called his arrest illegal and tantamount to “abduction.”

The case is now being led by Deputy Prosecutor Mame Mdiaye Niang, who herself faces U.S. sanctions over her involvement in investigations into alleged Israeli war crimes.

Last year in November, the ICC issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas leader Ibrahim al-Masri—a case personally pursued by Karim Khan.

In August 2024, Khan was also removed from the Venezuela investigation due to a conflict of interest, as his sister-in-law represented the Venezuelan government of President Nicolás Maduro.

Meanwhile, the New Yorker published a detailed report on sexual misconduct allegations against Khan, naming his aide Thomas Lynch among those mentioned.

The report suggested that confidential information may have been leaked to the media in an attempt to tarnish Khan’s reputation.

According to the report, the woman who accused Khan claimed she supported slowing down the prosecution of Israeli leaders, despite earlier reports suggesting Khan himself was in favor of issuing the warrants.

The article further noted that in a recorded phone call, the woman did not mention any sexual advances, only stating that her colleagues believed she was “obsessed with Khan” or even an “Israeli spy.”

Khan reportedly responded, “The truth will come out. You can start your own investigation if you wish.”