Duterte Camp Fails ICC Judges Disqualification Bid
The Duterte camp failed to disqualify two judges from the International Criminal Court’s Pre-Trial Chamber I, who are set to decide on the jurisdiction challenge filed by former president Rodrigo Duterte’s legal team. This development marks a crucial moment in the ongoing ICC case against Duterte.
In a three-page ruling dated June 9, the ICC announced that its plenary of judges unanimously rejected the application to change the composition of the chamber handling Duterte’s case. The judges in question, Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, remain assigned to the Pre-Trial Chamber I. The decision was signed by Judge Tomoko Akane, president of the plenary, with a detailed explanation to follow.
Background of the Jurisdiction Challenge
The former president’s defense team filed a “Defense Challenge with Respect to Jurisdiction” on May 1. They questioned the ICC’s authority to prosecute Duterte for alleged crimes against humanity related to the war on drugs, arguing that the Philippines was no longer a party to the Rome Statute when the investigation began in 2021. The Philippines withdrew from the ICC in March 2019, under Duterte’s administration.
Moreover, the legal team sought to disqualify Judges Alapini-Gansou and Liera, claiming their previous involvement in permitting the ICC prosecutor to start the probe presented a conflict of interest. However, both judges denied any grounds for disqualification in an internal memo, stating, “We see no grounds in the current case that would have required us to seek to be excused or that could lead to our disqualification.”
Prosecution and Court Responses
The prosecution also requested that the court dismiss the disqualification attempt. This jurisdiction challenge is a pivotal point because it will determine whether the ICC can proceed with Duterte’s trial and continue his detention in The Hague.
Duterte has been detained at Scheveningen Prison in The Hague since March 12, following an ICC arrest warrant executed with the assistance of Interpol and the Philippine National Police on March 11. He appeared via video link on March 14 for his initial hearing and is scheduled to attend a confirmation of charges hearing before Pre-Trial Chamber I on September 23.
The court’s decision to keep the current judges in place ensures continuity as the case moves forward. For more news and updates on Duterte’s ICC case, visit Filipinokami.com.