ICC Rejects
The Philippine Star
|May 08, 2025
The prosecution contested the request.
In its ruling, the Pre-Trial Chamber I said "a judge's excusal from the exercise of a function may only be sought by the concerned judge directly before the [ICC] Presidency."
It noted that this is different from a disqualification that the prosecution or the person being investigated or prosecuted may submit to the ICC 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 request his or her excusal' and such course of action 'lacks procedural propriety,'" it added.
The decision was signed by Presiding Judge Iulia Antoanella Motoc, along with Alapini-Gansou and Liera.
Motoc was elected presiding judge of the chamber in March 2024. Alapini-Gansou and Liera were among those who signed the 2021 and 2023 rulings that authorized the ICC prosecutor to conduct an investigation on the situation in the Philippines.
Meanwhile, in a separate filing, ICC prosecutor Karim Khan confirmed the disclosure of another 139 items that would serve as evidence against Duterte.
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