ICC Rejects Duterte's Attempt to Disqualify Judges
This proceeding is currently taking place in The Hague, Netherlands.
The court clarified in its ruling that, “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 ICC emphasized that its established rules do not provide the option for an accused individual to "invite or request judges to seek excusal before the Presidency."
Presiding Judge Iulia Antoanella Motoc further underscored this position, stating that, “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.’”
This means that the defense's approach was procedurally improper and not supported by the ICC's governing framework.
Previously, Duterte’s defense submitted what it termed an “Invitation to petition the Presidency for a partial Excusal.”
This submission targeted Judges Reine Adelaide Sophie Alapini-Gansou and Maria del Socorro Flores Liera, aiming to exclude them from the Pre-Trial Chamber I's jurisdictional deliberations. The defense argued this was due to a potential “perceived bias,” as reported by the media.
Duterte was apprehended in Manila on March 11 following the issuance of an ICC arrest warrant and was transported to The Hague on the same day.
He is being held accountable for numerous fatalities associated with his controversial anti-narcotics campaign that spanned from 2016 to 2022.
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