ICC Judges and Prosecution Challenge Duterte Defense Request
The prosecution team at the International Criminal Court (ICC) alongside ICC judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera have moved to dismiss the defense’s disqualification request against them in the case involving former president Rodrigo Duterte. The defense team alleged bias and conflict of interest, but both the prosecution and judges strongly refuted these claims in documents published on the ICC website on May 22, 2025.
The four-word keyphrase “disqualification request filed defense” appears early in the discourse as the defense argued that prior rulings on jurisdiction raised concerns about impartiality. However, the prosecution emphasized that “Judges of the Court are professional judges and enjoy a presumption of impartiality.” They further explained that judges often rule on similar legal issues without this creating a conflict of interest or bias.
“As such, their prior determinations on legal issues do not, under regular circumstances, create the appearance of conflict or impropriety. The Defence Request should be rejected because it fails to call into question the presumption of impartiality attached to the Judges,” read the prosecution’s eight-page statement, signed by an ICC Deputy Prosecutor.
Judges Alapini-Gansou and Liera Respond to Defense Allegations
In an internal memorandum submitted to the ICC’s Plenary of Judges, Alapini-Gansou and Liera also requested the dismissal of the disqualification request. They reaffirmed their commitment to impartiality and adherence to judicial ethics, stating, “We see no grounds in the current case that would have required us to seek to be excused or that could lead to our disqualification.”
These judges were part of the chamber that authorized the investigation into Duterte’s war on drugs in 2021, despite the Philippines’ withdrawal from the Rome Statute in 2019. They also ruled on restarting the investigation in 2023. The judges clarified that their rulings were made within the relevant procedural stages and did not consider the defense’s current arguments.
“It is untenable to suggest that judges cannot adjudicate a matter which is legally within their competence just because they previously issued judicial decisions at different stages of the proceedings in the same situation on the basis of different arguments,” the memorandum explained.
ICC’s Response and Upcoming Hearing
ICC Judge Tomoko Akane, president of the Plenary of Judges, acknowledged all arguments from the defense, prosecution, and judges in a document dated May 23 but noted that the judges themselves would not decide on the disqualification request.
The defense’s lead counsel focused on the jurisdiction issue, citing the Philippines’ withdrawal from the Rome Statute before the investigation began as the basis for questioning the court’s authority over Duterte’s crimes against humanity charges.
Duterte is scheduled to attend another pre-trial hearing on September 23 for the confirmation of charges. He has been detained in The Hague since March 12, following his arrest at Ninoy Aquino International Airport (NAIA) Terminal 3 on March 11.
For more news and updates on the ICC case, visit Filipinokami.com.