Defense team of Duterte loses appeal to excuse 2 ICC judges

Rodrigo Duterte —SCREEN GRAB FROM ICC

MANILA, Philippines — The International Criminal Court’s (ICC) Pre-Trial Chamber 1 has dismissed an appeal made by former President Rodrigo Duterte’s team to excuse two judges from ruling on the tribunal’s jurisdiction over his case.

This was made clear in a four-page decision dated May 6 and signed by Presiding Judge Iulia Antoanella Motoc.

“A judge’s excusal from the exercise of a function may only be sought by the concerned judge directly before the Presidency, as opposed to disqualification for which the Prosecution or the person being investigated or 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 decision reads.

READ: Full transcript of Duterte’s ICC pre-trial hearing

“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,” it adds.

The chamber dismissed the Duterte team’s invitation “in limine.”

Earlier, Duterte’s counsel filed a challenge to the ICC’s exercise of jurisdiction in the Philippines. On the same day, the Defense filed the “Invitation to petition the Presidency for a partial Excusal” of Judge Reine Adélaide Sophie Alapini-Gansou and Judge María del Socorro Flores Liera from exercising their functions in Pre-Trial Chamber I on the specific issue of Jurisdiction, given the possibility of “perceived bias.”

The judges previously approved the preliminary investigation against Duterte.