Cheyenne Suarez

Duterte lawyer asks ICC presidency to disqualify judges on jurisdiction issue

Article (news)

Adrian Ayalin

ABS-CBN News

MANILA — The camp of former President Rodrigo Duterte has elevated its request for the disqualification of two judges to the Presidency of the International Criminal Court.In the corrigendum (correction) to the request for the disqualification of judges Judge Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, lawyer Nicholas Kaufman asked the presidency to disqualify the two judges regarding the challenge to the jurisdiction of the court over Duterte.The ICC presidency includes Judge Tomoko Akane as president, Judge Rosario Salvatore Aitala as first vice president and Judge Alapini-Gansou at second vice president.<div><a href="https://www.abs-cbn.com/news/nation/2025/5/13/-overwhelming-votes-for-duterte-shows-total-rejection-of-icc-arrest-kaufman-1129">‘Overwhelming’ votes for Duterte shows ‘total rejection’ of ICC arrest: Kaufman</a></div>Kaufman noted that since Alapini-Gansou is the second vice-president, she should also be disqualified from deciding on the request for disqualification.Kaufman noted in the corrigendum dated May 12, 2025 that the challenged judges were the ones who authorized the commencement of the investigation.The authorization was based on the finding that the ICC retains jurisdiction over the Philippines because the alleged crimes against humanity committed by Duterte occurred from November 2011 up to March 16, 2019, before the withdrawal of the Philippines from the Rome Statute took effect on March 17, 2019.“It is not reasonable to expect a judge who has recently expressed a highly publicized position on a specific legal issue to depart from that view,” Kaufman said.<div><a href="https://www.abs-cbn.com/news/nation/2025/5/14/sara-duterte-wants-anti-dynasty-law-0943">VP Sara wants anti-dynasty law as Duterte dynasty expands in Davao </a></div>Kaufman reiterated that the request will preserve Duterte’s right to objectively impartial adjudication. “The defense’s request to disqualify the judges will ensure the autonomy and irreproachability of the judges as well as the efficient conduct of the proceedings by engendering a minimum degree of disturbance to the chamber’s current composition,” Kaufman said. Kaufman also stated that the ICC judiciary has already shown that it is divided on the issue of jurisdiction. “This matter should be not decided in the case by judges who have formulated a firm opinion on the question sub judice prior to hearing defense submissions,” Kaufman said.Meantime, ICC Assistant to Counsel Kristina Conti said the election of Duterte as Davao City mayor does not erase the crimes he and his co-conspirators allegedly committed.<div><a href="https://www.abs-cbn.com/news/nation/2025/5/13/-emb-ex-president-duterte-defends-davao-dynasty-from-icc-prison-1201">Ex-President Duterte defends Davao dynasty from ICC prison </a></div>“The people of Davao City cannot do that in behalf of all the victims of the &#x27;war on drugs&#x27; and other victims of Duterte nationwide,” Conti said. Conti also pointed out that the election of Duterte, who is currently detained in the Netherlands and will not be able to perform his duty, is “worrisome” as it reflects weak rule of law and poor understanding of the judicial process. “And to be straight to the point, Duterte&#x27;s election will not hinder, hasten, or stop the ICC proceedings,” Conti said.

The camp of former President Rodrigo Duterte has elevated its request for the disqualification of two judges to the Presidency of the International Criminal Court.

The camp of former President Rodrigo Duterte has elevated its request for the disqualification of two judges to the Presidency of the International Criminal Court.