Former Philippine President Rodrigo Duterte’s defense team has filed another appeal, this time seeking the disqualification of two International Criminal Court (ICC) pre-trial judges from participating in the tribunal’s decision on jurisdiction in the crimes against humanity case against him.
The appeal follows an earlier request submitted on May 1, in which Duterte’s camp sought the partial recusal of Judges María del Socorro Flores Liera and Reine Adélaïde Sophie Alapini-Gansou due to alleged “perceived bias,” which the ICC Pre-Trial Chamber rejected on May 5.
In the new petition filed by defense lawyer Nicholas Kaufman to the ICC Presidency, the team is now asking for full disqualification of the judges from ruling on the jurisdiction matter.
According to the ICC’s Rules of Evidence and Procedure, the ICC Presidency—composed of the president, first vice president, and second vice president—decides on motions for the recusal or disqualification of judges.
However, since Judge Alapini-Gansou currently serves as the ICC’s second vice president, Kaufman argued that she should be barred from deciding on the team’s appeal for disqualification.
Meanwhile, ICC Prosecutor Karim Khan maintained that Duterte’s defense has failed to substantiate claims of “perceived bias” involving the two judges.
Both Judges Alapini-Gansou and Flores Liera were among those who signed the warrant of arrest against former President Duterte, which is central to the defense’s concern over impartiality.