The Plenary of Judges of the International Criminal Court (ICC) has dismissed former President Rodrigo Duterte’s plea to disqualify two Pre-Trial Chamber 1 judges from adjudicating his challenge to the court’s jurisdiction. In a decision published on July 3, the ICC judges ruled there were no grounds to question the impartiality of Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, rejecting Duterte’s claim as “incorrect and legally untenable” and likely to cause delays.
Duterte’s lawyer, Nicholas Kaufman, had sought the disqualification on May 9, arguing the judges should not rule on the challenge after having previously issued decisions in the case. The ICC dismissed this argument, stating that judges are professionals capable of assessing each case independently based on evidence.
Duterte had challenged the ICC’s jurisdiction, asserting the Philippines’ withdrawal from the Rome Statute in 2019 stripped the court of authority. However, the Pre-Trial Chamber maintained jurisdiction over crimes alleged to have occurred while the Philippines was a member (November 2011 to March 2019), as the preliminary examination began before withdrawal.
Duterte faces charges of crimes against humanity for deaths during his “war on drugs.” The ICC rejected his separate May 1 request for the two judges to recuse themselves from the challenge. (H. Marcos C. Mordeno/MindaNews)
