Duterte seeks ICC judges’ removal anew

Former President Rodrigo Duterte’s legal team has again asked the International Criminal Court (ICC) to remove two of the judges handling his case, questioning their impartiality.

In an 11-page filing submitted on 12 May, Duterte’s lead counsel, Nicholas Kaufman, sought the disqualification of Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

Kaufman argued that both judges had already formed opinions about the case, making it impossible for them to rule fairly on the defense’s challenge to the ICC’s jurisdiction.

“No judge should be put in a position where they’re forced to reaffirm a previous finding or admit they were wrong,” the motion read. “The defense is simply asking for a fresh and objective perspective.”

The request, Kaufman said, is aimed at upholding Duterte’s right to a fair and impartial trial and minimize disruptions in the case.

This isn’t the first time Duterte’s camp has tried to have the two judges removed. Earlier this month, they filed a similar motion citing a “perceived bias.” That request was rejected by the ICC in a 6 May decision, which said that only the judges themselves can ask to be excused — not the defense or prosecution.

The court explained that while parties can seek a judge’s disqualification, asking a judge to voluntarily excuse themselves isn’t permitted under ICC rules.

Duterte is facing charges of crimes against humanity, specifically murder, over his bloody anti-drug war as Davao City mayor and Philippine president. He was arrested on 11 March on returning from Hong Kong and he was flown to The Hague the same day.

According to official government figures, the drug war claimed at least 7,000 lives. Human rights groups, however, said the real number could be as high as 30,000.