The International Criminal Court (ICC) Pre-Trial Chamber dismissed the appeal of former President Rodrigo Duterte's defense team to excuse two judges from adjudicating on the issue of jurisdiction over his case for the alleged crimes against humanity.

According to the Pre-Trial Chamber 1, the legal team of Duterte filed the appeal for the excusal of Judge Reine Adelaide Sophie Alapini Gansou and Judge Maria del Socorro Flores Liera on May 1

"The Defence filed the Invitation ‘to petition the Presidency for a partial excusal from exercising their functions in Pre-Trial Chamber I on the specific issue of jurisdiction’ in the present case," it stated.

"The Defence submits that ‘[a] partial excusal in the Case is justified and, moreover, appropriate given the possibility of perceived bias’, which would arise ‘out of the Judges’ prior ruling on substantially the same issue in the Situation in the Republic of the Philippines," it added.

However, the Pre-Trial Chamber 1 noted that "pursuant to article 41 of the Rome Statute and rules 34 and 35 of the Rules of Procedure and Evidence, 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.

As stated by the Presidency, ‘no preemptive request may be made by the parties that a judge requests his or her excusal’ and such course of action ‘lacks procedural propriety," the decision said.

It also mentioned that a challenge to the exercise of jurisdiction by the ICC in the situation in the Republic of the Philippines was also filed by the Defense team on the same day. Robina Asido/DMS