The International Criminal Court’s Office of the Prosecutor has pushed back against a move by former Philippine President Rodrigo Duterte’s legal counsel to disqualify two judges from his ongoing crimes against humanity case related to the deadly war on drugs.
Deputy Prosecutor Mame Mandiaye Niang, in a response dated May 22, opposed the disqualification request filed by Duterte’s lead counsel, Nicholas Kaufman. Niang asserted that the attempt “fails to call into question the presumption of impartiality attached to the judges.”
Kaufman earlier requested that Judges Reine Alapini-Gansou and María del Socorro Flores Liera be recused, claiming they had already taken a position on the issue of jurisdiction when they allowed the investigation into Duterte’s anti-drug campaign in 2021. Both judges were also involved in permitting the resumption of the probe in 2023.
But Niang argued that the defense had mischaracterized the judges’ role. “Contrary to the Defense’s position, the judges have not ‘already predetermined the outcome of the jurisdictional dispute in [the Prosecution’s] favour,’” he said, maintaining that no impartial observer would see bias in their previous decisions.
Kaufman, in his May 12 motion, insisted the move would uphold judicial integrity, stressing that the judges’ prior involvement in key rulings could raise questions about impartiality. He added the appeal was meant to protect Duterte’s right to a fair and unbiased trial.
Duterte, who was arrested in Manila and transferred to The Hague in March, is facing charges for crimes against humanity stemming from his administration’s drug war, which according to official data left over 6,000 dead. Rights groups claim the true toll could be as high as 30,000. His next appearance, a confirmation of charges hearing, is set for September.
