Two International Criminal Court (ICC) judges have firmly dismissed accusations of bias raised by the legal team of former Philippine President Rodrigo Duterte, insisting they remain impartial and professional in handling the case.
In a formal submission dated May 22 to the ICC’s Plenary of Judges, Pre-Trial Chamber 1 judges Reine Adelaide Alapini-Gansou and Maria del Socorro Flores Liera stated there is no basis for their disqualification, emphasizing their strict adherence to the Rome Statute and the Code of Judicial Ethics.
“We see no grounds for disqualification,” they said, highlighting their commitment to evaluating all matters “solely and exclusively on the evidence and submissions adduced in the particular case.”
Duterte’s defense, led by lawyer Nicholas Kaufman, argued that the two judges had shown prior partiality by previously allowing the drug war probe to proceed in both 2021 and 2023. The defense maintained that such prior rulings constituted a “firm opinion” that undermines their objectivity in reviewing the court’s jurisdiction over the Philippines.
However, Judges Gansou and Liera countered that their earlier rulings were made based on the evidence available at the time and did not preclude future deliberations. “It is untenable to suggest that judges cannot adjudicate a matter which is legally within their competence just because they previously issued judicial decisions… on the basis of different arguments,” their response read.
The defense’s motion also raised concerns about safeguarding Duterte’s right to an impartial hearing. But the two judges stood by the integrity of their role, stating, “There are no grounds to doubt our impartiality… and none of the criteria established under Article 41(2) of the Rome Statute are met.”
The request for disqualification, filed on May 9 and supplemented by a follow-up on May 12, is now under consideration by the ICC Plenary of Judges, composed of members from all chambers of the tribunal.
Duterte is currently in ICC custody in The Hague, facing charges of crimes against humanity for his administration’s deadly anti-drug campaign. His confirmation of charges hearing is scheduled for September 23.
