The International Criminal Court (ICC) has rejected former President Rodrigo Duterte’s attempt to disqualify two judges from hearing a jurisdictional challenge in the ongoing investigation into his administration’s deadly war on drugs, clearing a major hurdle for the case to move forward.
In a unanimous July 3 ruling, the ICC’s Plenary of Judges dismissed Duterte’s claim that Judges Reine Alapini-Gansou and María del Socorro Flores Liera were biased due to their previous involvement in earlier rulings affirming the Court’s jurisdiction.
The judges ruled that prior engagement in legal assessments does not equate to bias. “The Rome Statute recognizes that judges may exercise their functions at different stages of a case without giving rise to bias,” the Court said. “No appearance of partiality arises from the ordinary exercise of judicial duties.”
Duterte’s legal team had argued that the judges’ previous rulings in 2021 — when the Court authorized a full investigation — created a conflict of interest.
However, the ICC emphasized that the right to challenge jurisdiction does not require prior judges to recuse themselves.
11TH BATCH OF EVIDENCE SUBMITTED
The decision coincided with the submission of the 11th batch of evidence by ICC prosecutors, totaling 1,062 items. Deputy Prosecutor Mame Mandiaye Niang confirmed the July 1 submission, with materials categorized based on the nature and scope of the alleged crimes:
- Davao Death Squad Murders: 7 items tied to killings during Duterte’s time as Davao City mayor.
- Barangay Clearance Operations: 435 items linked to drug-related killings during his presidency.
- High-Value Targets: 64 items related to killings of prominent individuals.
- Modes of Liability: 86 items detailing Duterte’s potential criminal responsibility.
- Contextual Elements: 151 items explaining broader patterns and context of the crimes.
- Defense Materials: 6 items pointing to possible exculpatory evidence, plus 240 background documents for defense preparation.
WHAT’S NEXT
With the disqualification bid denied, Pre-Trial Chamber I will soon rule on Duterte’s jurisdictional challenge.
If the Court affirms jurisdiction, the case could proceed to trial — a historic step that would mark the first ICC prosecution of a former Southeast Asian head of state.
The ICC probe centers on alleged crimes against humanity committed between 2011 and 2019, when the Philippines was a member of the Court.
Although the country withdrew in 2019, the ICC ruled that it retains jurisdiction over crimes committed during the membership period.
Duterte, who was turned over to the ICC by Philippine authorities in March 2025, continues to deny wrongdoing and has described the investigation as politically motivated.
His legal team has yet to indicate whether it will appeal the ruling.