ICC explains rejection of Duterte bid to disqualify judges; defense drops appeal

Metro Manila, Philippines - The International Criminal Court (ICC) has formally explained its decision to reject the request of former Philippine President Rodrigo Duterte to disqualify two judges from hearing his case, saying the claim of bias had “no actual nor reasonable apprehension.”

In a detailed ruling issued on July 3, the ICC Plenary of Judges unanimously denied the motion to disqualify Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera from ruling on Duterte’s challenge to the court’s jurisdiction.

Duterte said the two judges previously ruled on the same issue during earlier proceedings tied to the Philippines’ withdrawal from the Rome Statute - treaty that created the ICC - and thus could not be impartial. But the ICC judges disagreed.

“The ordinary exercise of assigned legal functions does not give rise to any appearance of bias,” the plenary ruled, adding that judges are “professionals capable of deciding solely on the evidence and submissions adduced in the particular case.”

The court said the roles carried out by Judges Alapini-Gansou and Flores in past stages of the case, particularly in authorizing an initial investigation, did not prejudice their ability to rule fairly now. It also said that requiring their disqualification would "impinge on the ability of pre-trial judges to carry out their judicial functions."

No more appeal

In a separate interview, Duterte’s lead counsel, Nicholas Kaufman, said the defense will no longer appeal the disqualification ruling.

“There has been new information which has come to light. I can’t disclose that information, but it does affect whether or not I would want to seek reconsideration of the request of this quarter,” Kaufman said.

“I don’t believe there’s a need for that anymore,” he said.

Duterte is under ICC custody as he faces allegations of crimes against humanity for murder in connection with the deadly "war on drugs" campaign during his presidency, allegedly marked by widespread and systematic extrajudicial killings.

The court has yet to rule on Duterte’s separate petition for interim release.