Request to disqualify 2 ICC judges filed anew

MANILA, Philippines — Detained former president Rodrigo Duterte’s defense team is not backing down from the request to prevent two pre-trial judges of the International Criminal Court from ruling on their challenge to ICC jurisdiction.

Compared to the previous defense submission inviting Judges María del Socorro Flores Liera and Reine Adélaïde Sophie Alapini-Gansou to partially excuse themselves from the proceedings, the new request is hoping for their disqualification.

Court records showed defense lawyer Nicholas Kaufman filed a request before the ICC Presidency to disqualify Liera and Alapini-Gansou from adjudicating on the issue of jurisdiction.

Based on ICC’s Rules of Evidence and Procedure, the ICC Presidency – composed of the ICC president, first vice president and second vice president – will deal with requests to excuse or disqualify judges from exercising their functions.

Since Alapini-Gansou is also ICC’s second vice president, Kaufman said she should be disqualified from ruling on their request.

“The Judges have had prior involvement in the most substantive legal question in the case against Mr. Duterte. As such, the jurisdictional issues at the situational and case levels are not just similar; they are identical: both concern the issue of jurisdiction,” Kaufman wrote.

In an earlier submission, ICC prosecutor Karim Khan maintained that the defense failed to demonstrate what they claimed were the “perceived bias” of the two judges.

“Judges’ prior legal determinations on legal issues, made in the course of carrying out their ordinary duties, do not amount to bias, nor should they create the appearance of conflict or impropriety,” Khan said.