ICC Rejects Duterte Camp’s Bid to Disqualify Judges in Crimes Against Humanity Case

The International Criminal Court (ICC) has denied the request of former Philippine President Rodrigo Duterte’s legal team to remove two judges from the chamber handling jurisdictional matters in the ongoing investigation into alleged crimes against humanity committed during his administration.

In a decision dated May 6, 2025, the ICC’s Pre-Trial Chamber I, presided over by Judge Iulia Antonella Motoc, dismissed the appeal to disqualify Judges Reine Adélaide Sophie Alapini-Gansou and María del Socorro Flores Liera. The court emphasized that the appeal lacked legal basis under the court’s procedural framework.

The tribunal clarified that a judge may only seek excusal from a case voluntarily, and such a request must be submitted personally to the ICC Presidency. The legal team of the accused is not authorized to request or prompt such an action. The court ruled that the defense’s move to preemptively seek the judges' excusal was procedurally improper and not supported by statutory rules.

The Duterte camp filed the appeal on May 1, claiming the possibility of “perceived bias” by the two judges in deciding on the jurisdiction issue. This move coincided with the defense’s renewed argument that the ICC no longer has jurisdiction over the Philippines following its official withdrawal from the Rome Statute in March 2019.

Despite the Philippines’ withdrawal, the ICC has maintained jurisdiction over alleged crimes committed during the country’s membership period, particularly those related to Duterte’s controversial anti-drug campaign.

In a parallel development, ICC Chief Prosecutor Karim Khan submitted 139 additional pieces of evidence against Duterte on April 30. The prosecution has until July 1, 2025, to submit all supporting materials ahead of the confirmation hearing scheduled for September 23, 2025.

The ICC’s latest ruling is seen as a significant setback for Duterte’s legal team as the tribunal moves forward with proceedings in one of the most closely watched international cases involving a former head of state.