ISTANBUL

The International Criminal Court (ICC) has dismissed an appeal by former Philippine President Rodrigo Duterte's defense team to excuse two judges as magistrates in his crimes against humanity case at The Hague, the Netherlands.

“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,” said the decision by the ICC.

"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,’" added Presiding Judge Iulia Antoanella Motoc in the decision.

Earlier, the defense 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 Pre-Trial Chamber I’s deliberations on the matter of jurisdiction, citing concerns over a potential “perceived bias,” according to the Philippine Daily Inquirer.

Duterte was arrested in Manila on March 11 under an ICC warrant and was flown to The Hague the same day.

He is blamed for thousands of deaths during his so-called war on drugs between 2016 and 2022.