ICC prosecutor opposes Duterte’s bid to disqualify 2 judges

Judges Reine Alapini-Gansou and Socorro Flores Liera. —Photos from the ICC website

MANILA, Philippines — The Office of the Prosecutor of the International Criminal Court (ICC) has opposed an attempt by former President Rodrigo Duterte’s legal team to disqualify two judges from his crimes against humanity case.

The issue stemmed from a request by Duterte’s lead counsel, Nicholas Kaufman, to disqualify Pre-Trial Chamber I Judges Reine Alapini-Gansou and María del Socorro Flores Liera, alleging that they had already taken a stance on jurisdiction when they authorized the investigation into the Duterte administration’s drug war in 2021.

READ: Duterte now wants ICC judges disqualified

In a response dated May 22, Deputy Prosecutor Mame Mandiaye Niang opposed the Duterte camp’s move, saying that it “fails to call into question the presumption of impartiality attached to the judges.”

“Contrary to the Defense’s position, the judges have not ‘already predetermined the outcome of the jurisdictional dispute in [the Prosecution’s] favour’, and no objective observer would reasonably perceive bias on the part of the Judges based on their prior ‘involvement in the deliberation and adjudication of the jurisdictional question in the Situation’ in the Republic of the Philippines,” he added.

Gansou and Liera were part of the chamber that authorized the ICC prosecutor to open an investigation into Duterte’s anti-drug campaign in 2021 and to resume the suspended probe in 2023.

Kaufman, in his request dated May 12, said the appeal would “ensure the autonomy and irreproachability of the judges,” as both had “prior involvement in the most substantive legal question” in the case against Duterte.

“The recourse sought will, simultaneously, preserve Mr. Duterte’s right to objective, impartial adjudication,” he added.

READ: Duterte: I want to die in my country

Duterte is currently detained at the ICC facility in The Hague, Netherlands, pending trial for alleged crimes against humanity linked to his administration’s war on drugs. His confirmation of charges hearing is scheduled for September.

He made his first appearance at his pretrial hearing last March 14, three days after his arrest in Manila. However, he was unable to attend the pretrial physically and only participated via video link.

According to official government data, at least 6,000 people were killed during the Duterte administration’s  drug war. However, human rights groups estimate the death toll to be significantly ranging from 12,000 to 30,000 between 2016 and 2019./mcm