ICC explains rejection of Duterte appeal to disqualify 2 judges

(Associated Press Photo/Peter Dejong, File)

MANILA, Philippines — The International Criminal Court (ICC) has further elaborated its earlier decision to reject former Philippine President Rodrigo Duterte’s request to disqualify Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera from his case.  

In a 13-page filing dated July 3, the plenary of judges – acting unanimously — said there’s no actual nor reasonable apprehension of bias arises in respect of Judges Alapini-Gansou and Flores. 

 “The plenary of judges considers that the judges acted, at all times, in accordance with the judicial duties assigned to them under the Statute,” the document reads. 

 “As judges of Pre-Trial Chamber I, they issued the Authorisation Decision pursuant to article 15(4) of the Statute, which provides for the power of a pre-trial chamber to authorise an investigation proprio motu, if it considers that there is a reasonable basis to proceed with an investigation and that the case appears to fall within the jurisdiction of the Court,” it added. 

Earlier, Duterte’s legal team said that the impartiality of Judge Alapini-Gansou and Judge Flores might be reasonably doubted given that they have already ruled on exactly the same issue in exactly the same situational context.

Duterte’s team considers that Pre-Trial Chamber I’s finding on jurisdiction was erroneous and submits that he has a right to objectively impartial adjudication.

These, however, were countered by the judges who requested in return that Duterte’s appeal be rejected “as there are no grounds to doubt their impartiality in the current case and none of the criteria established.”

“The judges consider that the proposition of the applicant is incorrect and legally untenable, and has the potential to cause delay,” the document reads.

 “They note that, when Pre-Trial Chamber I, in a former composition, addressed the issue of jurisdiction in the Situation in the Philippines, it did so in accordance with its duties and limited mandate under article 15(4) of the Statute, without prejudice to any future determinations on the same issue,” it further states. 

 In line with this, the plenary of judges has rejected Duterte’s application. /gsg