MANILA — The International Criminal Court (ICC) has unanimously dismissed the request of former President Rodrigo Duterte’s legal team to disqualify two judges from his crimes against humanity case, affirming that there was no appearance of bias or partiality in their actions.
In a decision released over the weekend, the ICC plenary of judges ruled that Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera had acted strictly in line with their judicial duties and maintained impartiality in handling the case.
“Accordingly, the plenary of judges, acting unanimously, considers that the Rome Statute recognizes that Judges Alapini-Gansou and Flores may exercise the functions assigned to them,” the ICC said.
It added that it found “no appearance of bias or lack of impartiality arise from the ordinary exercise by the judges of legal functions assigned to them under the Statute in respect of two separate legal decisions.”
Duterte’s legal counsel had earlier sought the removal of Alapini-Gansou and Flores from adjudicating on jurisdictional matters, arguing that their continued participation would compromise the impartiality and efficiency of the proceedings.
“The question of jurisdiction and the exercise thereof is a contentious — if not the most contentious — issue in the Case,” said Duterte’s defense lawyer, Nicholas Kaufman. “Deciding this matter in favor of the Defense will have far-reaching consequences on the future of the Situation.”
Alapini-Gansou, Flores, and presiding judge Iulia Antoanella Motoc had previously signed the arrest warrant for Duterte, who is now under ICC custody.
The former president is scheduled to appear before the court for the confirmation of charges hearing on September 23./PN
