The International Criminal Court (ICC) has rejected a request from the legal team of former Philippine President Rodrigo Duterte to excuse two judges from ruling on jurisdiction in his ongoing crimes against humanity case.
In a four-page decision dated May 6, the ICC Pre-Trial Chamber clarified that only a judge can request their own excusal before the presidency, while the disqualification of judges can be initiated by the involved parties. The decision, signed by Presiding Judge Iulia Antonella Motoc, emphasized that the process sought by Duterte’s camp “lacks procedural propriety.”
“There is no provision in the statutory texts that allows parties to invite or request judges to seek excusal before the Presidency,” the chamber stated.
Duterte’s defense team, which filed the request on May 1, had sought the partial excusal of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera. They argued that the two judges might exhibit “perceived bias” because of their involvement in prior rulings related to the Philippines’ situation.
The same judges, along with Motoc, had previously signed an arrest warrant against Duterte.
Duterte’s camp also challenged the ICC’s jurisdiction over his case, arguing that the Philippines’ withdrawal from the Rome Statute became effective on March 17, 2019, more than two years before the ICC’s Pre-Trial Chamber authorized an investigation on September 15, 2021.
