The Hague: The International Criminal Court (ICC) has dismissed an appeal by former Philippine President Rodrigo Duterte’s defense team to excuse two judges from participating in his crimes against humanity case. The decision was made at The Hague, Netherlands, where the ICC is based.

According to Anadolu Agency, the ICC’s decision emphasized that a judge’s excusal from a function can only be sought by the judge themselves before the Presidency, unlike disqualification, which can be requested by the prosecution or the person being investigated or prosecuted. The statutory texts do not contemplate the possibility for a person to invite or request judges to seek excusal before the Presidency.

In the decision, Presiding Judge Iulia Antoanella Motoc stated, “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.'”

Earlier, Duterte’s defense team filed an ‘Invitation to petition the Presidency for a partial Excusal’ of Judges Reine Adelaide Sophie Alapini-Gansou and Maria del Socorro Flores Liera from participating in the deliberations on jurisdiction by Pre-Trial Chamber I. The defense cited concerns over a potential ‘perceived bias,’ as reported by the Philippine Daily Inquirer.

Duterte was arrested in Manila on March 11 under an ICC warrant and was immediately transported to The Hague. He faces accusations related to thousands of deaths during his anti-drug campaign from 2016 to 2022.