ICC rejects Duterte camp's request to excuse two judges from ruling in crimes against humanity case
The International Criminal Court Pre-Trial Chamber I turned down the request of former president Rodrigo Duterte's camp to excuse two judges from ruling on the issue of jurisdiction regarding his crimes against humanity case.
In a four-page decision dated May 6, the ICC argued that a judge's excusal from the exercise of a function may only be sought by the concerned judge directly before the presidency.
As for disqualification, the prosecution or the person being investigated/prosecuted may submit a request before the presidency.
"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 chamber said. "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.'"
Duterte's camp, led by Nicholas Kaufman, asked for the partial excusal of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera on May 1.
Duterte's legal team argued that a "partial excusal in the Case is justified and, moreover, appropriate given the possibility of perceived bias" arising "out of the judges."
The prosecution team, meanwhile, filed its opposition on May 5.
The May 6 decision was signed by Judge Iulia Antoanella Motoc.
Duterte's ICC arrest
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
The ICC is acting based on the principle of complementarity, which means that it's only stepping in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.
Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.
Duterte arrived in The Hague in the Netherlands on March 12 to face the charges against him.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
