ICC Under Fire: Prosecutor Disqualified in Duterte Case

ICC Chief Prosecutor Karim Khan.

ICC Under Fire: Prosecutor Disqualified in Duterte Case

By Bing Jabadan – TheNationWeek.Com | October 16, 2025

THE HAGUE – The International Criminal Court (ICC) is facing a fresh wave of criticism after appeals judges disqualified Chief Prosecutor Karim Khan from the war crimes case against former Philippine President Rodrigo Duterte, citing a potential conflict of interest.

The latest setback intensifies existing concerns about the court’s impartiality and its ability to hold powerful individuals accountable, especially as questions linger about the ICC’s hefty budget and the perks enjoyed by its officials.

The disqualification stems from arguments presented by Duterte’s defense team, which highlighted Khan’s previous role as legal counsel for the Philippines Human Rights Commission (PHRC).

In that capacity, Khan had identified Duterte as a suspect in the commission’s investigation into the brutal “war on drugs.”

The Appeals Chamber sided with the defense, ruling that Khan’s prior involvement created an “appearance of bias,” compromising the integrity of the investigation.

The ruling compounds the pressure on Khan, who is already on leave pending a United Nations inquiry into allegations of sexual misconduct.

The loss of the Duterte case, one of the ICC’s most high-profile active prosecutions, deals a significant blow to the court’s credibility, particularly in light of ongoing U.S.¹ sanctions targeting ICC officials.

The Duterte case, now overseen by Deputy Prosecutor Mame Mandiaye Niang (who also faces U.S. sanctions related to the court’s investigation into alleged Israeli war crimes in Gaza), centers on the thousands of extrajudicial killings that occurred during Duterte’s “war on drugs” between 2016 and 2022.

Duterte, currently detained in The Hague after his arrest in March, claims his arrest was unlawful and has pleaded unfit to stand trial, citing his age of 80 and health issues.

This is not the first time Khan’s impartiality has been challenged.

In August, he was recused from a Venezuela investigation due to his sister-in-law’s representation of President Nicolás Maduro’s government.

These incidents have fueled long-standing accusations that the ICC disproportionately targets individuals from less powerful nations while struggling to prosecute leaders from major global powers.

The recent issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leader Ibrahim al-Masri for alleged war crimes in Gaza has further intensified the debate about the court’s perceived biases and overall effectiveness.

Are ICC Salaries Justified?

Amidst these controversies, questions are being raised about the financial resources allocated to the ICC and whether they are justified given the court’s perceived shortcomings.

According to official documents, ICC judges receive an annual remuneration of €180,000 net (USD 209,219.40 or P12,172,680.00), along with allowances, travel expenses, and a generous pension scheme.

The President of the Court receives an additional special allowance.

Critics argue that these substantial salaries and benefits should be contingent on the court’s ability to demonstrate impartiality, effectiveness, and a commitment to holding all perpetrators of international crimes accountable, regardless of their position or nationality.

While the ICC aims to prosecute the world’s worst atrocities, these ongoing controversies and questions about its financial priorities raise fundamental questions about its ability to maintain impartiality, legitimacy, and ultimately, its relevance on the global stage.

The court’s future hinges on its ability to address these concerns and demonstrate a genuine commitment to justice for all.