Duterte camp elevates judge disqualification plea to ICC Presidency over jurisdiction case

Metro Manila, Philippines - The camp of former President Rodrigo Duterte has elevated its request for the disqualification of two International Criminal Court (ICC) judges to the court’s Presidency, arguing that their prior rulings on jurisdiction compromise the impartiality of ongoing proceedings related to Duterte’s case.

In a filing dated May 12, Duterte’s legal counsel, Nicholas Kaufman, submitted a corrigendum to an earlier request, now addressed to the ICC Presidency, which consists of Judge Tomoko Akane (President), Judge Rosario Salvatore Aitala (First Vice President), and Judge Reine Adélaïde Sophie Alapini-Gansou (Second Vice President).

Kaufman asked the Presidency to disqualify Judges María del Socorro Flores Liera and Reine Adélaïde Sophie Alapini-Gansou from deciding on Duterte’s challenge to the jurisdiction of the ICC. Since Alapini-Gansou is part of the Presidency, Kaufman also argued she should recuse herself from ruling on the disqualification request.

“The Defence’s request to disqualify the judges will ensure the autonomy and irreproachability of the judges as well as the efficient conduct of the proceedings,” Kaufman said, stressing that the move is aimed at protecting Duterte’s right to a fair and impartial process.

The defense contends that both judges had previously taken positions on the ICC’s jurisdiction when they authorized the investigation into alleged crimes committed during Duterte’s anti-drug campaign, despite the Philippines' withdrawal from the Rome Statute in 2019. Their participation, the filing argued, raises questions about judicial neutrality.

“The question before the Presidency is whether, in the present scenario, there can exist a public and objective perception of impartiality when the Judges have already ruled on exactly the same issue,” Kaufman added.

The request emphasized that the issue is not one of actual bias, but of public confidence in the judicial process. Under the Rome Statute, a judge may be disqualified if their impartiality "might reasonably be doubted."

Kaufman noted that the judges had already taken a definitive stance on jurisdiction in prior decisions involving the same facts and legal questions now being challenged by Duterte’s defense. He cited the need for a fresh and impartial examination of the matter.

The filing also rejected arguments from the prosecution that prior judicial rulings on legal issues should not be grounds for disqualification. Kaufman maintained that allowing the same judges to rule again would undermine the suspect’s right to a full and fair adversarial process—especially since Duterte was not a party to the earlier proceedings.

“This matter should not be decided in the case by judges who have formulated a firm opinion on the question sub judice prior to hearing Defence submissions,” Kaufman said.

The defense argued that disqualifying the two judges would not disrupt the court’s proceedings, but instead would promote confidence in the integrity of the process.