ICC prosecutor opposes Duterte camp's request to disqualify two judges in crimes against humanity case
A deputy prosecutor of the International Criminal Court has opposed former president Rodrigo Duterte's request to disqualify two judges from ruling on the issue of jurisdiction regarding his crimes against humanity case.
Duterte's camp sought to disqualify Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera because of their "perceived bias" in his case. The ICC said in its response that it cannot uphold the request as it "fails to call into question the presumption of impartiality attached to the judges."
"Contrary to the defence’s position, the judges have not 'already predetermined the outcome of the jurisdictional dispute in [the prosecution’s] favour,' and no objective observer would reasonably perceive bias on the part of the judges based on their prior 'involvement in the deliberation and adjudication of the jurisdictional question in the situation' in the Republic of the Philippines," deputy prosecutor Mame Mandiaye Niang stated in the document.
He added that there's no reason why the judges would not be in a position to objectively evaluate the matter.
"No fair-minded and informed observer, having considered all the facts and circumstances, would reasonably apprehend bias on the part of the judges in this case," he said.
Niang also argued that judges regularly adjudicate the same legal issues with their mandate and ordinary duties.
"As such, their prior determinations on legal issues do not, under regular circumstances, create the appearance of conflict or impropriety," he said.
Moreover, adjudicating on jurisdiction more than once is explicitly foreseen in the Roman Statute, noting that the judges can authorize preliminary assessments for investigations and arrest warrants that are made "without prejudice" and will thus not bind future decisions.
Duterte's camp, led by Nicholas Kaufman, previously asked for the partial excusal of Alapini-Gansou and Liera, but the ICC Pre-Trial Chamber I turned down the request.
Duterte's ICC arrest
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
The ICC is acting based on the principle of complementarity, which means that it's only stepping in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.
Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.
Duterte arrived in The Hague in the Netherlands on March 12 to face the charges against him.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
Editor's Note: The headline and lede of this article have been edited for accuracy.
