The International Criminal Court (ICC) Pre-Trial Chamber I has denied the appeal of former President Rodrigo Duterte's defense team to excuse two judges from serving as magistrates in his case.
As stated in the ICC’s decision, only the judge in question may request to be excused from their judicial functions and must be directed to the ICC Presidency.
This process is different from disqualification, which can be initiated by the Prosecution or the individual facing investigation or charges.
On May 1, former President Rodrigo Duterte’s legal team lodged an appeal asking the ICC to remove Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera from the jurisdictional review of his case.
Duterte’s legal team argued that the judges could show partiality, citing their earlier involvement in decisions regarding the ICC’s jurisdiction over the Philippines.
In addition to the appeal, Duterte’s camp filed a separate petition challenging the ICC’s jurisdiction and calling for his immediate release.
His lawyers further argued that the ICC no longer had jurisdiction when it launched its investigation in 2021, since the Philippines withdrew from the tribunal on March 17, 2019.
The 80-year-old Duterte was arrested by Philippine authorities on March 11 upon his arrival at NAIA Terminal 3 in Manila, based on a warrant issued by the International Criminal Court (ICC).
He was subsequently flown to The Hague in the Netherlands to face charges of crimes against humanity, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019.
The confirmation hearing for the charges against him is set for September 23, 2025.
