ICC rejects Duterte's bid to inhibit judges

The International Criminal Court's (ICC) Pre-Trial Chamber has rejected a plea by former President Rodrigo Duterte's legal team to inhibit two judges from ruling on the tribunal's jurisdiction over his crimes against humanity case.

Duterte's lawyers argued that Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera might be perceived as biased because they were part of the panel that approved the preliminary investigation.

In a four-page order dated May 6, the chamber ruled that the defense could not seek the inhibition of the judges, as such a request must originate from the judge themselves before the presidency, as opposed to disqualification sought by parties.

The ICC Pre-Trial Chamber stated there was no legal basis to excuse the judges, referencing Article 41 of the Rome Statute and Rules 34 and 35 of the ICC's Rules of Procedure and Evidence.

The defense filed their appeal on May 1, with the prosecution filing its opposition on May 5.

Separately, high-ranking government officials, instructed by the Ombudsman to submit a counter-affidavit regarding Duterte's arrest, will comply with the order.

Palace spokesperson Clarissa A. Castro stated that the officials in question will respond and submit their counter-affidavits.

Duterte remains under ICC custody in The Hague, Netherlands, and the confirmation of charges is scheduled for September 23, 2025.