The legal team of former President Rodrigo Duterte has escalated its bid to disqualify two International Criminal Court (ICC) judges by bringing the matter directly to the court’s presidency.
In a corrigendum filed on May 12, 2025, international lawyer Nicholas Kaufman formally urged the ICC presidency to recuse Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera from proceedings related to the Court’s jurisdiction over Duterte.
Kaufman argued that both judges previously authorized the ongoing investigation, thereby raising concerns over their impartiality.
The ICC presidency currently comprises Judge Tomoko Akane as president, Judge Rosario Salvatore Aitala as first vice president, and Judge Alapini-Gansou as second vice president.
Given Alapini-Gansou’s inclusion in the presidency, Kaufman also requested that she be barred from participating in any decision on the disqualification motion.
Kaufman emphasized that the contested judges had taken a definitive stance by greenlighting the investigation into alleged crimes against humanity during Duterte’s anti-drug campaign.
These crimes allegedly took place between November 2011 and March 16, 2019—before the Philippines' withdrawal from the Rome Statute became effective 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 stated.
The defense lawyer reiterated that the request is aimed at safeguarding Duterte’s right to an impartial trial and at preserving the integrity of the Court’s proceedings.
“The defense’s request to disqualify the judges will ensure the autonomy and irreproachability of the judiciary, as well as the efficient conduct of the proceedings by minimizing disruption to the chamber’s current composition,” Kaufman said.
He also pointed out apparent divisions within the ICC judiciary regarding the Court’s jurisdiction over the Philippines.
“This matter should not be decided by judges who have already formed a firm opinion on the question under consideration, prior to hearing the defense’s arguments,” he added.
Reports said the move marks a significant escalation in Duterte’s legal strategy, signaling a broader challenge to the legitimacy of the ICC’s ongoing probe.
By appealing directly to the ICC’s leadership, Duterte’s defense appears to be laying the groundwork for a potential procedural standoff, which could delay or complicate future hearings.