Any delay in the proceedings against Rodrigo Duterte in the International Criminal Court (ICC) for crimes against humanity adds to the anguish and anxiety of victims of his “war on drugs”. Duterte’s challenge to the jurisdiction of the court is well within his rights, but is an urgent one and must be decided before the scheduled confirmation of charges hearing on September 23, 2025.

The Defence call to excuse or disqualify judges from deciding on the challenge, however, poses potential interruption to the proceedings. On May 1, 2025, they “invited” two of the three judges of Pre-Trial Chamber I, Judges María del Socorro Flores Liera and Reine Adélaïde Sophie Alapini-Gansou, to excuse themselves from adjudicating on the challenge. The Pre-Trial Chamber I declined the invitation to excuse the judges, who had been originally assigned to the case since 2021, for lack of basis.

Aggrieved, the Defence on May 12, 2025 requested the Presidency to disqualify the same two judges. The Presidency, which deals with the proper administration of the court, is composed of a president and two vice-presidents. One of the judges sought to be disqualified in the Duterte case, Judge Alapini-Gansou, is also part of the Presidency as Second Vice-President and is also being sought to be disqualified from deciding on her disqualification.

Amidst the convolution of issues, victims urge the public to remember the core of this case: whether or not Duterte is liable for crimes against humanity, in the acts of murder, rape, torture, imprisonment, and other inhumane acts. We are confident that the preliminary issues will be considered with appropriate time, thought, and caution, in time for the September 2025 confirmation hearing. As regards the disqualification, the Presidency has ordered its members and the prosecutor to comment within a week, by May 22, 2025, and will convene a plenary session on the matter soon. As regards the challenge to jurisdiction, the Pre-Trial Chamber I will receive written observation until June 9, 2025.

Thankfully, other things are still on track. The Office of the Prosecutor is set to complete its submission for exchange of evidence by July 1, 2025. The document containing the charges (or the prosecution’s draft of the Information, as we refer to it in Philippine law) is due to be released by July 4, 2025.

Initial victims’ applications, and consequently the appointment of common legal representative/s, are expected to occur within one to two months before the target of August 3, 2025. In the meantime, victims’ views and concerns will be carried by the Office of the Public Counsel for Victims.

The ICC case is just but one flank in the struggle for justice for all victims. It is sorely limited because the temporal scope does not cover the first two decades of the Davao Death Squad operations and the second three years of Duterte’s term as president. It is incomplete at present because other co-perpetrators have not been indicted. Despite the insensitivity and the ignorance of some rabid cliques, we will continue to look into avenues of redress for victims of human rights violations wherever they may open and however long they may take.

References:
Atty. Neri Javier Colmenares
Counsel for victims with Rise Up for Life and for Rights; National Union of Peoples’ Lawyers
+639178350459

Atty. Maria Kristina Conti
Assisting counsel from NUPL for Rise Up
Registered as assistant to counsel at the ICC
+639298207000 | nupl2007@gmail.com