ICC rejects Duterte’s bid to disqualify two judges

(MindaNews / 05 July) – The Plenary of Judges of the International Criminal Court (ICC) has dismissed the plea of former President Rodrigo Duterte to disqualify two Pre-Trial Chamber 1 judges from adjudicating his challenge to the jurisdiction of the court.

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

In a decision published on its website on July 3, the judges said there are no grounds to doubt the impartiality of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera, and none of the criteria established under article 41(2) of the Statute are met.

“The judges consider that the proposition of the Applicant is incorrect and legally untenable, and has the potential to cause delay,” the decision says.

“The judges consider it untenable to suggest that judges cannot adjudicate a matter which is legally within their competence just because they previously issued judicial decisions at different stages of the pre-trial proceedings in the same situation on the basis of different arguments.

“Judges are professionals capable of deciding on issues before them relying solely and exclusively on the evidence and submissions adduced in the particular case,” it adds.

On May 9, Duterte’s lawyer Nicholas Kaufman filed an application seeking to disqualify Judges Alapini-Gansou and Flores from adjudicating the challenge, arguing that it should not be decided by judges who have formed a firm opinion on the question sub judice prior to hearing.

The plea for the two judges’ disqualification was filed three days after the Pre-Trial Chamber 1 dismissed the invitation filed by Duterte for Judges Alapini-Gansou and Flores to excuse themselves from adjudicating the challenge.

Duterte filed the challenge on May 1. On the same day he filed the invitation for the two judges to excuse themselves.

Duterte’s challenge to jurisdiction was based on the Philippines’ withdrawal from the Rome Statute, the ICC’s founding treaty.

The withdrawal took effect on 17 March 2019, or a year after the notice of withdrawal was received by the UN secretary general as provided for in the statute.

But the Pre-Trial Chamber 1 held that the court retained jurisdiction with respect to alleged crimes that occurred in the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019 as the preliminary examination was opened before the withdrawal.

Duterte is facing charges of crime against humanity of murder for deaths linked to his bloody “war on drugs.” (H. Marcos C. Mordeno/MindaNews)