The International Criminal Court has rejected former Philippine President Rodrigo Duterte’s legal maneuver to remove two judges from the tribunal’s review of jurisdiction over his case, tightening the procedural boundaries around the embattled defense team’s strategy.
In a decision released Monday, the ICC’s Pre-Trial Chamber I dismissed what it characterized as an “invitation” for Judges Reine Adélaide Sophie Alapini-Gansou and María del Socorro Flores Liera to recuse themselves from ruling on whether the court has jurisdiction to investigate Duterte’s controversial war on drugs.
The four-page ruling, signed by Presiding Judge Iulia Antoanella Motoc, leaned on a fine distinction in court protocol, separating disqualification, which can be requested by the parties, from excusal, which must be initiated by the judge themselves.
“A judge’s excusal from the exercise of a function may only be sought by the concerned judge directly before the Presidency,” the decision said. “The possibility for [a defendant] to invite or request judges to seek excusal before the Presidency is thus not contemplated in the statutory texts.”
The chamber’s rejection was blunt: “No preemptive request may be made by the parties that a judge request his or her excusal,” the ruling continued, adding that such a move “lacks procedural propriety.” The court dismissed the request “in limine,” or at the outset, without further deliberation.
The rejected filing was submitted alongside Duterte’s broader challenge to the ICC’s exercise of jurisdiction in the Philippines, a legal flashpoint since the country formally withdrew from the Rome Statute in 2019. Duterte’s legal team argued that the two judges may be seen as biased, citing their role in authorizing the preliminary investigation into alleged crimes committed under his administration.
Though the chamber acknowledged the judges’ earlier involvement, it drew a clear line between prior procedural rulings and grounds for disqualification, implicitly signaling that familiarity with the case does not automatically signal prejudice.
The decision is a setback for Duterte’s defense, which has consistently pushed back against the tribunal’s authority and sought to cast doubt on its impartiality. While the court has yet to resolve the jurisdictional question definitively, Monday’s ruling affirms that its internal rules of procedure will not bend easily to pressure from accused parties.
As the ICC continues to weigh whether it can proceed with a full investigation, the legal arguments now turn squarely on jurisdiction — not judicial composition. For now, the bench remains intact.
