MANILA – The Pre-Trial Chamber of the International Criminal Court (ICC) has rejected the appeal from former President Rodrigo Duterte to remove two judges from adjudicating the tribunal’s jurisdiction regarding his case of crimes against humanity.
In a decision signed by Presiding Judge Iulia Antonella Motoc, the chamber clarified that a judge’s recusal can only be requested by the judge in question to the presidency, unlike disqualification, which can be requested by the involved parties.
“The possibility for that person to invite or request judges to seek excusal before the Presidency is thus not contemplated in the statutory texts,” the decision dated May 6 read.
“As stated by the Presidency, ‘no preemptive request may be made by the parties that a judge request his or her excusal’ and such course of action ‘lacks procedural propriety’,” it added.
Duterte’s legal team requested the partial recusal of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera concerning jurisdiction, citing potential perceived bias.
They argued that this bias could stem from the judges’ previous ruling on a similar matter related to the Philippines.
Motoc, Alapini-Gansou, and Flores Liera were responsible for signing the arrest warrant for Duterte.
Additionally, the former president submitted a “Defence Challenge with Respect to Jurisdiction” on May 1, seeking his immediate release.
Duterte’s attorneys contended that the necessary conditions for exercising jurisdiction in the Philippines situation were not fulfilled when the Pre-Trial Chamber approved the investigation’s initiation on September 15, 2021.
This, as Duterte maintained that, “The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later.”
Duterte is currently under the custody of the ICC in The Hague, Netherlands. The confirmation of charges will take place on September 23, 2025./PN
