ICC rejects Duterte’s bid to disqualify judges in jurisdiction challenge

Metro Manila, Philippines - The International Criminal Court (ICC) has unanimously rejected former Philippine President Rodrigo Duterte’s request to disqualify two judges from ruling on a challenge to the court’s jurisdiction in his ongoing case over alleged crimes against humanity.

In a decision dated June 9, and signed by ICC President Judge Tomoko Akane, the plenary of judges ruled against Duterte’s attempt to remove Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera from the case.

Duterte had accused the judges of bias for their prior involvement in authorizing the ICC’s investigation into the Philippine situation and issuing an arrest warrant against him.

“The plenary of judges, acting unanimously, decided to reject the Application. A fully reasoned decision of the plenary will follow,” the ICC said in the decision.

The move comes after ICC prosecutors described Duterte’s application as “legally untenable,” arguing that the defense failed to meet the high threshold needed to rebut the presumption of judicial impartiality.

In a prior filing dated May 22, the prosecution said the judges’ earlier rulings were procedural and did not prejudice their ability to remain impartial.

“Judges regularly adjudicate the same, or similar, legal issues… their prior determinations do not, under regular circumstances, create the appearance of conflict,” the Office of the Prosecutor said.

Duterte's legal team had claimed the judges had “predetermined” the case’s jurisdictional outcome. However, the prosecution emphasized that both the investigation order and the arrest warrant were issued under a limited mandate, and explicitly noted they were without prejudice to future decisions.

Judge Beti Hohler, also initially assigned to the deliberations, recused herself from the plenary, citing her prior role as a prosecution lawyer in the Philippine case from 2019 to 2022.

Duterte faces accusations of crimes against humanity linked to the thousands of killings during his administration’s controversial war on drugs. The ICC issued an arrest warrant for Duterte earlier this year, and the proceedings continue before the Pre-Trial Chamber.

A detailed explanation of the plenary’s rejection is expected in a forthcoming decision.