THE PHILIPPINE ELITES LIVE IN A FUNDAMENTAL DELUSION: THEY ARE NOT SUBJECT TO ANY LAW ON THIS PLANET, ESPECIALLY NOT TO PHILIPPINES LAW. WHO CAN BLAME THEM???

 

ICC rejects Duterte camp's bid to excuse 2 judges from jurisdiction issue

Cristina Chi - Philstar.com

May 7, 2025 | 2:13pm

A scene from the International Criminal Court’s initial appearance hearing for former president Rodrigo Duterte, a brief proceeding lasting less than 30 minutes, primarily focused on informing him of the specific charges against him, ensuring he understood his rights, and setting a date for the next hearing.

ICC via Flickr

MANILA, Philippines — The International Criminal Court has rejected the bid of former Philippine President Rodrigo Duterte's camp to remove two judges from deciding whether the court can hear his crimes against humanity case.

In a four-page decision on May 6, the court's Pre-Trial Chamber ruled that Duterte's legal team cannot seek the recusal of judges Reine Alapini-Gansou and María Flores Liera from adjudicating on the issue of the court's jurisdiction.

Duterte's defense team wanted these judges to step aside, specifically for ruling on whether the ICC has jurisdiction to proceed with his crimes against humanity case. 

They made this request by arguing that there is the "possibility of perceived bias" given that the two judges had previously ruled on the same jurisdiction issue.

But the court rejected this request, citing that under article 41 of the Rome Statute and rules 34 and 35 of the Rules of Procedure and Evidence, only judges themselves can request to be excused from a case by taking the matter up to the court's Presidency. 

This is "as opposed to disqualification for which the Prosecution or the person being investigated or prosecuted may submit a request before the Presidency," the ICC Pre-trial Chamber said.

"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 decision read. 

The chamber also noted that "no preemptive request may be made by the parties that a judge request his or her excusal." 

It ruled that "such course of action ‘lacks procedural propriety.'" 

Duterte's defense had filed its challenge to the ICC's jurisdiction on May 1, the same day they submitted the request for the judges' excusal.

As expected, Duterte's legal team is focusing its defense on whether the court has jurisdiction over the Philippines following its 2019 withdrawal, in a bid to secure his immediate release and prevent the case from going to trial.

In a 38-page document filed May 1, Duterte's defense lawyers argued that the ICC cannot exercise jurisdiction over him because the Philippines had already withdrawn from the Rome Statute in 2019, before prosecutors sought a formal investigation in May 2021.