(UPDATE) THE legal team of Rodrigo Duterte continues to chip away at the impartiality of the International Criminal Court’s (ICC) chief prosecutor as the court moves ahead in building a case against the former Philippine president.

ICC’s Pre-Trial Chamber I has scheduled a confirmation of charges hearing for Sept. 23, a key step that will determine whether there is sufficient evidence for the case to proceed to a full trial of Duterte for crimes against humanity.

The hearing follows a series of complex procedural filings by both the defense and the Office of Public Counsel for Victims (OPCV), which represents victims collectively.

Duterte’s defense, led by Nicholas Kaufman, has filed multiple motions challenging the impartiality of Chief Prosecutor Karim Khan. In a filing made public on Sept. 2, the defense raised concerns over a potential conflict of interest, citing Khan’s prior representation of more than 100 Philippine victims through an Article 15 communication in 2018 — before his election as chief prosecutor.

Duterte lawyers take aim at ICC prosecutor

The defense claims Khan failed to disclose his prior work in the Philippines, did not obtain proper waivers from former clients and omitted the advocacy from his chief prosecutor application despite revealing similar work in Cambodia and Kenya.

The motion asks the chamber to clarify if any currently participating victims overlap with Khan’s former clients.

Duterte lawyers take aim at ICC prosecutor

The challenge comes as Khan temporarily stepped aside following a United Nations investigation into allegations of sexual misconduct. Deputy prosecutors have assumed leadership of the Office of the Prosecutor in his absence.

In addition to the conflict-of-interest filing, Duterte’s team has submitted a notification of evidence under Rule 121(6) of the ICC’s Rules of Procedure and Evidence, signaling intentions to contest the prosecution’s charges and raise preliminary challenges before the confirmation of charges hearing. The filing emphasizes that an undisclosed matter must be addressed before the hearing can proceed.

Meanwhile, the OPCV has urged the court to reject Duterte’s renewed request for interim release. The group’s principal counsel, Paolina Massidda, cited ongoing risks to the integrity of the proceedings and the safety of victims, who fear reprisals from Duterte’s supporters in the Philippines.

“For victims, continued detention is the only mechanism to ensure that justice is pursued and that their safety is not compromised,” Massidda wrote in a Sept. 2 public redacted submission., This news data comes from:http://www.yamato-syokunin.com

The OPCV argued that Duterte’s access to substantial evidence, including witness identities, and his continuing influence make his release unjustifiable. It also rejected defense claims that the risks could be mitigated, citing ICC jurisprudence requiring “acute justification” for provisional or compassionate release — criteria that the defense has not met.

The case has followed a rapid procedural path. A warrant for Duterte’s arrest was issued last March 7, and he was surrendered to the court’s custody five days later, making his first appearance on March 14.