ICC Rejects Duterte's Request to Disqualify Judges in Drug War Case

(UPDATE) MANILA, Philippines — The International Criminal Court (ICC) rejected Rodrigo Duterte’s request to disqualify two judges from ruling on a challenge to the Court’s jurisdiction over his case, clearing the way for the ICC to proceed with its investigation into allegations of crime against humanity committed by the former president in relation to his drug war during his term.

At the same time, the ICC prosecutors submitted the 11th batch of evidence consisting of several packages categorized by the nature of the alleged crimes.

The July 3 unanimous decision by the ICC’s Plenary of Judges dismissed Duterte’s claim that Judges Reine Alapini-Gansou and María del Socorro Flores Liera were biased because they had previously affirmed the Court’s jurisdiction in an earlier phase of the case.

The defense argued that the judges’ prior involvement created a conflict, but the Court ruled that judges were expected to reassess legal questions as new arguments arise.

\"The Rome Statute recognizes that judges may exercise their functions at different stages of a case without giving rise to bias,\" according to the decision. \"No appearance of partiality arises from the ordinary exercise of judicial duties.\"

The ICC is investigating Duterte for alleged extrajudicial killings and other crimes during his presidency (2016–2022), when thousands of people were killed in anti-drug operations. The Philippines withdrew from the ICC in 2019, but the Court ruled it still has jurisdiction over crimes committed while the country was a member (2011–2019).

Duterte, who was surrendered by the Philippine government, to the ICC in March 2025, has repeatedly denied the charges, calling the case politically motivated. His legal team had sought to remove the judges, claiming they had already decided the jurisdictional issue in 2021 when authorizing the investigation.

The ICC emphasized that its rules allowed judges to rule on jurisdiction at multiple stages of a case. The plenary found no evidence that the judges were prejudiced, noting that prior rulings did not prevent them from fairly considering new arguments.

\"The right to challenge jurisdiction does not mean judges who previously ruled on it must step aside,\" the decision said.

With the disqualification request rejected, the case will move forward with Pre-Trial Chamber I set to rule on Duterte’s jurisdictional challenge. If the Court confirms jurisdiction, the case could advance to trial, marking a historic moment as the first prosecution of a former Southeast Asian leader by the ICC.

Duterte’s legal team has not yet commented on whether it would appeal the decision.

Meanwhile, the submission of the 11th batch of evidence dated July 1 was disclosed by ICC Deputy Prosecutor Mame Mandiaye Niang, detailing a total of 1,062 items organized under various thematic categories.

The evidence consisting of several packages were categorized by the nature of the alleged crimes, which highlighted the following themes:

• Davao Death Squad Murder: Seven items were included in the first category relating to murders committed during Duterte's mayoral period.
• Barangay Clearance Operations: The second package included 435 items connected to murders during his presidential term.
• High-Value Targets: A subset of 64 items details crimes related to high-profile targets during the Duterte administration.
• Modes of Liability: This package consisted of 86 items that outline the various liabilities associated with the alleged crimes.
• Contextual Elements: The evidence also includes 50 and 101 items in two separate packages discussing the contextual elements of these crimes.

Additionally, six items suggested a line of defense for Duterte, while others provided background information material to aid in the preparation of his defense, totaling 240 items.