Duterte defense’s invitation to excuse 2 ICC judges denied

The 18 judges of the International Criminal Court. Photo from the ICC website

MALAYBALAY CITY (MindaNews / 7 May) – The Pre-Trial Chamber 1 of the International Criminal Court (ICC) denied on Tuesday the invitation of former Philippine President Rodrigo Duterte to excuse two judges from adjudicating on the issue of jurisdiction.

The invitation to excuse Judge Reine Adélaide Sophie Alapini-Gansou and Judge María del Socorro Flores Liera was filed on May 1, the same day the defense filed a submission challenging the ICC’s exercise of jurisdiction over the situation in the Philippines.

“Pursuant to article 41 of the Rome Statute and rules 34 and 35 of the Rules of Procedure and Evidence, a judge’s excusal from the exercise of a function may only be sought by the concerned judge directly before the Presidency, as opposed to disqualification for which the Prosecution or the person being investigated or prosecuted may submit a request before the Presidency,” the decision said.

“The possibility for that person to invite or request judges to seek excusal before the Presidency is thus not contemplated in the statutory texts. As stated by the Presidency, ‘no preemptive request may be made by the parties that a judge request his or her excusal’ and such course of action ‘lacks procedural propriety’,” it added.

The defense argued that “[a] partial excusal in the Case is justified and, moreover, appropriate given the possibility of perceived bias’, which would arise ‘out of the Judges’ prior ruling on substantially the same issue in the Situation in the Republic of the Philippines’.”

Judges Alapini-Gansou and Liera previously approved the preliminary investigation against Duterte.

The chamber’s four-page decision dismissed the defense’s invitation “in limine.”

In law, in limine is a phrase used to refer to a matter that is addressed at the start, usually as a preliminary issue.

Duterte, who is now in custody at the ICC detention facility in The Hague, Netherlands, is facing charges of alleged crimes against humanity of murder linked to his bloody “war on drugs.” (H. Marcos C. Mordeno / MindaNews)