Duterte victims’ lawyer no objection to DQ bid vs ICC prosecutor

The camp representing victims of the bloody drug war carried out under then-president Rodrigo Duterte said it has no objections if the International Criminal Court (ICC) disqualifies the lead prosecutor who investigated the killings, in line with the ex-leader’s petition.

“In the case of the Philippines, even if Khan is removed, there won't be such serious [ramifications],” human rights lawyer and ICC assistant to counsel Kristina Conti said in an interview Sunday.

Conti made the remark after Duterte’s lead counsel, Nicholas Kaufman, petitioned the ICC to disqualify chief prosecutor Karim Khan, citing concerns over impartiality.

Kaufman told the ICC that Khan had prior involvement in a similar case, representing drug war victims in his capacity as a private lawyer. Details of the defense’s submission were largely redacted, making the timeline unclear.

The defense argued that Khan must be disqualified under Article 42(7) of the Rome Statute, the ICC's founding treaty, which bars prosecutors from participating in a case where their impartiality might reasonably be doubted. The rule applies if the prosecutor was previously involved in the same or a related case involving the person under investigation.

Conti said that Khan’s current leave due to allegations of sexual misconduct would not significantly impact the legal battle, as deputy prosecutor Mame Mandiaye has taken over to ensure proceedings continue. She also acknowledged Kaufman’s points, saying she had no knowledge of Khan’s alleged prior involvement in an identical case.

Kaufman claimed Khan failed to disclose this “blatant conflict of interest” from the start of the probe until the ICC Pre-Trial Chamber issued a warrant against Duterte on 6 March, questioning the prosecutor’s impartiality.

Khan became chief prosecutor in 2021, succeeding Fatou Bensouda, who began the preliminary probe in February 2018. The investigation officially began on 15 September 2021 but was deferred two months later at Duterte’s request.

In ICC proceedings, victims have an independent role separate from the prosecution. They are represented by a legal representative provided by the court, who may present victims’ views and call their own witnesses, which could include state officials.

Earlier, Conti noted that the ICC may call “insider witnesses” against Duterte, including police officers and other law enforcers — a common practice in international tribunals.

Duterte, 80, has been detained at Scheveningen Prison in The Hague, Netherlands, since his arrest in March in Manila. He is awaiting confirmation of charges on 23 September for one count of crimes against humanity over killings recorded from 1 November 2011 to 16 March 2019, spanning his time as Davao City mayor and president.

The killings include those attributed to the Davao Death Squad, allegedly composed of Davao-based police, including Senator Ronald de la Rosa. De la Rosa and retired police chief Oscar Albayalde are being linked as co-perpetrators in Duterte’s drug war, which resulted in over 6,000 deaths based on official data. Rights groups estimate the toll could exceed 30,000, mostly from low-income communities.