MANILA, Philippines — The defense team of former president Rodrigo Duterte opened a series of procedural challenges at the International Criminal Court (ICC), filing motions that question the impartiality of the chief prosecutor, outlining evidence to contest charges, and pressing for clarity on the victims’ participation in the case.
In a September 2, 2025 filing made public on Thursday, defense counsel Nicholas Kaufman asked Pre-Trial Chamber I to investigate a potential conflict of interest involving Prosecutor Karim Khan., This news data comes from:http://wk.erlvyiwan.com
The filing argued that the investigation into Duterte “has been contaminated” because Khan previously represented more than 100 victims in the Philippines through an Article 15 communication submitted in 2018, prior to his election as chief prosecutor.

The defense claims Khan has not demonstrated that he properly withdrew from representing those victims or obtained waivers permitting him to investigate exonerating circumstances for Duterte. It further alleges that Khan omitted his Philippine advocacy from his application for chief prosecutor, despite disclosing similar representations in Cambodia and Kenya. The Chamber was asked to notify the defense if any victims currently participating in the case overlap with Khan’s former clients.
Duterte defense files more motions challenging ICC prosecutor
The conflict-of-interest challenge comes at a sensitive moment for the ICC. Khan has temporarily stepped aside after a United Nations investigation was launched into allegations of sexual misconduct against him. Deputy prosecutors have assumed leadership of the Office of the Prosecutor while Khan is on leave.
Alongside the conflict motion, Duterte’s team filed its notification of evidence intended to contest the prosecution’s charges. The redacted submission, also dated Sept. 2, was made under Rule 121(6) of the ICC’s Rules of Procedure and Evidence and was aimed at challenging the legal foundations of the Document Containing the Charges. The defense reiterated its view that an undisclosed matter must be addressed before the confirmation of charges hearing can proceed, signaling possible preliminary challenges designed to delay or narrow the scope of the case.
On the same day, the Office of Public Counsel for Victims (OPCV), which represents victims collectively, told the court it had no objection to the initial “Joint Submission on Agreed Facts” between the prosecution and defense. The OPCV noted that the facts agreed so far “do not negatively impact on the interests of Victims at this juncture,” while reserving the right to comment on further agreements.
Pre-Trial Chamber I, presided over by Judge Iulia Antonnella Motoc, must now rule on the contested motions and procedural requests as it prepares for the confirmation of charges hearing scheduled on Sept. 23, 2025. That hearing will determine whether Duterte faces trial for crimes against humanity over thousands of deaths linked to his anti-drug campaign.
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