ICC rejects Duterte’s bid to disqualify judges

The International Criminal Court has rejected former President Rodrigo Duterte’s defense team’s bid to alter the Pre-trial Chamber 1 that will rule on their key jurisdictional challenge. — Photo from ICC

MANILA, Philippines — The International Criminal Court (ICC) has rejected former President Rodrigo Duterte’s defense team’s bid to alter the composition of the Pre-trial Chamber 1 that will rule on their key jurisdictional challenge.

Duterte’s camp wants Judges María del Socorro Flores Liera and Reine Adélaïde Sophie Alapini-Gansou disqualified from taking part in determining if the ICC still has jurisdiction over the Philippines despite its withdrawal from the Rome Statute.

The defense team, led by Nicholas Kaufman, said the two judges were part of the chamber that issued the ruling on Sept. 15, 2021 giving the ICC Prosecutor the go signal to continue its investigation into alleged crimes against humanity committed by the Duterte government at the time it was part of the ICC.

READ: Jurisdiction ruling fuels Duterte judge challenge at ICC

The Prosecutor sought the dismissal of the disqualification bid.

On the other hand, the two judges said in their submissions that they are “fully mindful” of the provisions of the Rome Statute and the Code of Judicial Ethics and “see no grounds” for them to be disqualified.

READ: ICC judges on Duterte team’s DQ bid: We’re professionals

In its June 9 decision, it said that following deliberations, the plenary of judges unanimously decided to dismiss Duterte’s disqualification submission.

“A plenary of judges was convened on 9 June 2025 in order to consider the Application… The plenary of judges, acting unanimously, decided to reject the Applications. A fully reasoned decision of the plenary will follow,” the ICC said in a three-page ruling.

This development means that both judges will continue to preside over the “Defense Challenge with Respect to Jurisdiction,” a critical phase in the proceedings concerning the ICC’s authority over the case involving Duterte. /das