ICC junks Duterte disqualification plea vs. two judges

By Benjamin Pulta, Philippine News Agency

The ICC had ruled that it retained jurisdiction with respect to alleged crimes that occurred during the war on drugs since the preliminary examination commenced prior to the Philippines’ withdrawal. (File Photo: Greger Ravik/Flickr, CC BY 2.0)

MANILA – The International Criminal Court (ICC) has turned down the request filed by defense counsels of former president Rodrigo Duterte to disqualify two judges from hearing the case against him.

In a decision dated July 3, the plenary of judges said it found no grounds to doubt the impartiality of Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

“The plenary of judges, acting unanimously, considers that no actual nor reasonable apprehension of bias arises in respect of Judges Alapini-Gansou and Flores. The plenary of judges considers that the judges acted, at all times, in accordance with the judicial duties assigned to them under the (Rome) Statute,” read the order signed by ICC President, Judge Tomoko Akane.

In their request, the defense counsels claimed the two judges had pre-judged the case against Duterte since the magistrates took part in earlier proceedings before Duterte’s arrest which determined whether the ICC continued to have jurisdiction following the former president’s order for the Philippines to withdraw from the Rome Statute on March 2019.

The ICC had ruled that it retained jurisdiction with respect to alleged crimes that occurred during the war on drugs since the preliminary examination commenced prior to the Philippines’ withdrawal.

Duterte is currently under ICC custody to face charges of crimes against humanity for the thousands of individuals killed during his administration’s war on drugs.