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Wednesday, Sep 17, 2025
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ICC Denies Duterte's Legal Team's Plea for Judge Recusal
The International Criminal Court rules against the defense request to excuse two judges amid ongoing jurisdiction challenges.
The International Criminal Court (ICC) has denied a petition from the legal team of former Philippine President Rodrigo Duterte that sought to have two judges excused from adjudicating issues related to the court's jurisdiction over charges against him.
In a ruling dated May 6, the Pre-Trial Chamber I of the ICC stated that it is not within the authority of the defense to request judges' recusal based on perceived bias as alleged in their submission.
The judges in question, Reine AdeÏlaïde Sophie Alapini-Gansou and MariÏa del Socorro Flores Liera, have previously ruled in favor of allowing the ICC prosecutor to conduct an investigation into the situation in the Philippines.
Duterte's defense team argued that the judges' past decisions might create a perception of bias against him.
However, the ICC clarified that any request for a judge's excusal must come directly from the judge to the ICC Presidency.
The ruling emphasized that preemptive requests by parties involved in proceedings are not procedural and lack appropriateness according to ICC statutes.
The decision was officially delivered by Presiding Judge Iulia Antoanella Motoc, along with Judges Alapini-Gansou and Liera.
The case has garnered significant international attention due to the serious allegations being investigated, which include crimes against humanity linked to a widespread anti-drug campaign in the Philippines.
In related developments, ICC Prosecutor Karim Khan has provided an update disclosing the submission of an additional 139 items of evidence against Duterte, categorized into various aspects pertinent to the case.
The evidence includes contextual elements and accusations regarding actions taken during Duterte’s tenure as mayor of Davao City and as president.
In the Philippines, the government has faced scrutiny regarding the circumstances surrounding Duterte's arrest and transfer to the ICC.
A complaint lodged by Senator Imee Marcos has led to a directive from the Office of the Ombudsman for various officials involved in the arrest to submit counter-affidavits concerning their actions.
These officials include Justice Secretary Jesus Crispin Remulla and Philippine National Police chief Gen. Rommel Marbil, among others.
Presidential Communications Undersecretary Claire Castro stated that the administration is committed to complying with the Ombudsman’s directives and underscored that the government's actions in relation to Duterte’s surrender were lawful and executed in coordination with international authorities, specifically Interpol.
Moreover, petitions contesting the legality of the arrest have been filed with the Supreme Court, citing the Philippines’ withdrawal from the Rome Statute in 2019, an agreement that established the ICC.
Justice Secretary Remulla has expressed intentions to provide his counter-affidavit, while raising concerns about the procedural integrity of the complaints being filed.
He has criticized the timing and basis of the Ombudsman’s actions and questioned the procedural steps taken in the investigation.
The ongoing legal battle and international scrutiny around the Duterte administration's controversial drug policies have reignited discussions regarding accountability and human rights within the framework of international law.
In a ruling dated May 6, the Pre-Trial Chamber I of the ICC stated that it is not within the authority of the defense to request judges' recusal based on perceived bias as alleged in their submission.
The judges in question, Reine AdeÏlaïde Sophie Alapini-Gansou and MariÏa del Socorro Flores Liera, have previously ruled in favor of allowing the ICC prosecutor to conduct an investigation into the situation in the Philippines.
Duterte's defense team argued that the judges' past decisions might create a perception of bias against him.
However, the ICC clarified that any request for a judge's excusal must come directly from the judge to the ICC Presidency.
The ruling emphasized that preemptive requests by parties involved in proceedings are not procedural and lack appropriateness according to ICC statutes.
The decision was officially delivered by Presiding Judge Iulia Antoanella Motoc, along with Judges Alapini-Gansou and Liera.
The case has garnered significant international attention due to the serious allegations being investigated, which include crimes against humanity linked to a widespread anti-drug campaign in the Philippines.
In related developments, ICC Prosecutor Karim Khan has provided an update disclosing the submission of an additional 139 items of evidence against Duterte, categorized into various aspects pertinent to the case.
The evidence includes contextual elements and accusations regarding actions taken during Duterte’s tenure as mayor of Davao City and as president.
In the Philippines, the government has faced scrutiny regarding the circumstances surrounding Duterte's arrest and transfer to the ICC.
A complaint lodged by Senator Imee Marcos has led to a directive from the Office of the Ombudsman for various officials involved in the arrest to submit counter-affidavits concerning their actions.
These officials include Justice Secretary Jesus Crispin Remulla and Philippine National Police chief Gen. Rommel Marbil, among others.
Presidential Communications Undersecretary Claire Castro stated that the administration is committed to complying with the Ombudsman’s directives and underscored that the government's actions in relation to Duterte’s surrender were lawful and executed in coordination with international authorities, specifically Interpol.
Moreover, petitions contesting the legality of the arrest have been filed with the Supreme Court, citing the Philippines’ withdrawal from the Rome Statute in 2019, an agreement that established the ICC.
Justice Secretary Remulla has expressed intentions to provide his counter-affidavit, while raising concerns about the procedural integrity of the complaints being filed.
He has criticized the timing and basis of the Ombudsman’s actions and questioned the procedural steps taken in the investigation.
The ongoing legal battle and international scrutiny around the Duterte administration's controversial drug policies have reignited discussions regarding accountability and human rights within the framework of international law.
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