Duterte petition to disqualify 2 ICC judges junked

MANILA, Philippines —  A plenary of judges of the International Criminal Court (ICC) has unanimously denied the request of former president Rodrigo Duterte to disqualify two pre-trial chamber judges from ruling on issue of jurisdiction.

In a decision released Tuesday, ICC president Tomoko Akane said a plenary of judges convened on June 9 to consider the defense application to disqualify Judges MariÏa del Socorro Flores Liera and Reine AdeÏlaïde Sophie Alapini-Gansou.

“The plenary of judges, acting unanimously, decided to reject the application,” wrote Akane.

Duterte, through defense lawyer Nicholas Kaufman, earlier claimed that the conditions were already satisfied to warrant the disqualification of the two judges from ruling on the jurisdiction issue.

“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,” wrote Kaufman.

Liera and Alapini-Gansou have sought the dismissal of the application, saying they “see no grounds in the current case that would have required us to seek to be excused or that could lead to our disqualification.”

“Judges are professionals capable of deciding on issues before them relying solely and exclusively on the evidence and submissions adduced in the particular case,” they said.

The ICC Office of the Prosecutor had also sought the dismissal of the defense application to disqualify Liera and Alapini-Gansou.