The façade of the ICC building in The Hague. Jofelle P. Tesorio, ABS-CBN News Europe Bureau/file 

MANILA — The International Criminal Court’s (ICC) Plenary of Judges will duly consider “observations” to be submitted by the two judges involved in the Duterte camp’s request for disqualification from their jurisdiction case.

In a notification issued May 23, the ICC Plenary of Judges said that Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, both members of the Pre-trial Chamber I that issued the warrant of arrest against former President Rodrigo Duterte, have been requested to present written observations on the defense team’s application for their disqualification. 

This is according to the rights accorded to them by Article 41 of the Rome Statute and Rule 34 of the ICC Rules of Procedure and Evidence.

The Rome Statute Article 41 states that any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.

Meanwhile, the ICC Rules of Procedure and Evidence Rule 34 mandates that the disqualification of a judge, prosecutor or deputy prosecutor should be subjected to the provisions set out in article 41, paragraph 2, and article 42, paragraph 8, a request for disqualification shall be made in writing as soon as there is knowledge of the grounds on which it is based. 

The request shall state the grounds and attach any relevant evidence, and shall be transmitted to the person concerned, who shall be entitled to present written submissions.

On May 1, former President Rodrigo Duterte’s legal team has raised a challenge against the ICC’s jurisdiction over his case—concerning the crime against humanity of murder—in relation to the Duterte administration’s bloody war on drugs between 1 November 2011 and 16 March 2019.

Last May 9, the Duterte camp also filed a “Request for the Disqualification of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera from Adjudicating on the Issue of Jurisdiction.” 

This, after the defense team’s invitation for the recusal of the two judges was denied by the ICC. 

For the Duterte camp, the judges should recuse themselves due to the “possibility of perceived bias,” citing their prior involvement in decisions on the same issue of jurisdiction over the Philippines. 

However, the Chamber, presided over by Judge Iulia Antoanella Motoc, ruled that such an invitation “lacks procedural propriety,” since the Rome Statute and the ICC Rules of Procedure and Evidence also indicate that only the concerned judge may seek excusal for themselves.

ICC prosecutors oppose Duterte camp's move to disqualify 2 judges

The prosecution team has also countered both the defense team’s invitation for recusal and application for disqualification against the two judges. 

According to the prosecution, “Judges of the Court are professional judges and enjoy a presumption of impartiality.” 

It also argued that judges regularly adjudicate the same or similar legal issues and that preliminary determinations do not amount to perceived bias.

The notification meanwhile noted that one member of the Plenary, Judge Beti Hohler, requested to be excused from her functions last 13 May 2025, which was granted on 15 May 2025.

The ICC has almost 4 months to decide on the defense team’s jurisdiction challenge, before the confirmation of charges hearing set on September 23.

ICC OKs prosecution request to delay submission of witness-related docs

RELATED VIDEO: