Following unsuccessful attempts to have two International Criminal Court (ICC) judges step aside from his case, former Philippine President Rodrigo Duterte’s legal team is now pushing for their disqualification, Inquirer reported. They argue the judges have already formed a judgement on the court’s authority to hear the case, based on their 2021 decision allowing the ICC prosecutor to investigate Duterte’s controversial anti-drug campaign.

In a detailed 11-page submission dated May 12, Duterte’s chief lawyer Nicholas Kaufman requested the removal of Pre-Trial Chamber (PTC) 1 Judges Rene Adelaide Alapini-Gansou and Maria del Socorro Flores Liera. Both were part of the previous chamber that authorised the probe to proceed and later approved its resumption in 2023 after it had stalled.

Kaufman contended that disqualifying the judges would protect their impartiality and independence, highlighting their prior involvement in critical legal determinations related to the case. He emphasised this step would safeguard Duterte’s right to a fair trial.

Earlier, on May 6, PTC 1 rejected Duterte’s request for the judges to recuse themselves, citing procedural rules that prevent parties from preemptively seeking a judge’s withdrawal.

Kaufman criticised the prosecution, led by Karim Khan, for dismissing the defence’s prior plea for the judges to abstain from ruling on jurisdiction as “nonsensical”. He maintained that the judges should not decide on jurisdiction after already forming a strong opinion before hearing full defence arguments.

He also pointed out that no fresh evidence is likely to alter the judges’ stance on whether the ICC retains jurisdiction following the Philippines’ withdrawal from the Rome Statute in 2019 during Duterte’s presidency.

While framed as a procedural concern, the disqualification request could be read as a strategic effort to stall or delegitimise the ICC’s work. In highly political cases like this, repeated challenges to impartiality may risk shifting focus from accountability to courtroom theatrics.