TIPSLIFEHACKS

Manila, Philippines - Former Philippine President Rodrigo Duterte’s legal team has faced a setback as the International Criminal Court (ICC) has rejected their attempt to remove two judges from the chamber overseeing the review of his alleged crimes against humanity. This decision effectively allows the judges to continue their assessment of whether the ICC has jurisdiction to investigate his actions during his 'war on drugs'.

The lawyers representing Duterte had argued for the recusal of judges Tomoko Akane and Rosario Gullemine Dallavalle, alleging bias and potential conflicts of interest. They claimed the judges were influenced by external factors and were not impartial in their handling of the case. However, the ICC rejected these arguments, maintaining that the judges can fairly and objectively evaluate the evidence and legal arguments presented.

This development is significant as it paves the way for the ICC to proceed with its jurisdictional review. The review centers on whether the Philippine government genuinely investigated the alleged crimes, a key requirement for the ICC to defer its involvement. Duterte’s administration had asserted that the local courts were capable of handling the cases, thus invoking the principle of complementarity.

The ICC Prosecutor's office has been investigating Duterte and other senior Philippine officials over their role in the thousands of deaths that occurred during the 'war on drugs'. Human rights organizations and international bodies have criticized the campaign, alleging widespread abuses and extrajudicial killings. Duterte, in turn, has been a vocal critic of the ICC, dismissing its investigations as politically motivated and an infringement on Philippine sovereignty.

The decision to reject Duterte's bid to remove the judges underscores the ICC’s commitment to upholding its procedures and ensuring a fair and impartial review. It also signals that the ICC intends to continue its scrutiny of the Philippine government’s handling of the alleged crimes.

What’s Next? The ICC chamber will now continue its review of the Philippine government’s submissions and the Prosecutor’s arguments. A decision on jurisdiction is expected in the coming months. If the ICC determines that the Philippine government has not genuinely investigated the crimes, the ICC Prosecutor could seek authorization to resume a full-scale investigation.

This case continues to be a point of contention between the Philippines and the international community, highlighting the complex issues of national sovereignty, international justice, and accountability for human rights violations. The outcome of the ICC’s jurisdictional review will have far-reaching implications for the Philippines and the broader international legal landscape.