Two judges overseeing the crimes against humanity case against former Philippine President Rodrigo Duterte at the International Criminal Court (ICC) have firmly rejected calls for their disqualification, labeling the request as “groundless.”
In a three-page response dated May 22, Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera asserted their commitment to impartiality and adherence to the Rome Statute, the founding treaty of the ICC. The judges stressed that there is no reason to doubt their ability to rule fairly in the proceedings against Duterte.
“There are no grounds to doubt our impartiality in the current case, and none of the criteria established under Article 41(2) of the Rome Statute are met,” the statement read. “We, as judges, act at all times in accordance with our judicial duties under the Rome Statute and kindly request the Plenary of Judges to reject the Disqualification Request.”
Duterte’s legal team had filed the request, seeking to disqualify both judges from further handling the case. They argued that the judges had already expressed positions on the matter of jurisdiction during earlier stages of the investigation.
However, the judges clarified that their prior rulings related strictly to whether there were grounds for the ICC Prosecutor to initiate an investigation. They emphasized that these determinations were made “within the limits of the proceeding” and did not prejudge the current confirmation of charges.
“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,” the judges wrote. “Judges are professionals capable of deciding on issues before them relying solely and exclusively on the evidence and submissions adduced in the particular case.”
Duterte, who is currently detained at the ICC detention center in The Hague, faces allegations related to the deadly drug war during his presidency. The confirmation of charges hearing is scheduled for September 23, 2025.
The outcome of this case will determine whether the trial proper will proceed. If confirmed, Duterte could be the first former Philippine president to stand trial at the ICC.