ICC asked to reject Duterte appeal on crimes against humanity charges

THE Pre-Trial Chamber I of the International Criminal Court (ICC) has been asked to reject the defense’s request to appeal the confirmation of charges against former President Rodrigo R. Duterte, citing failure to meet legal requirements and repetition of previously dismissed arguments.

The Hague court was urged to keep the case moving to trial after confirming crimes against humanity charges linked to alleged killings tied to Mr. Duterte’s anti-drug campaign.

In separate responses dated May 4, both the Office of the Prosecutor and the Common Legal Representatives of the Victims argued that the defense motion relies on “misrepresentations” of the court’s earlier findings.

The chamber previously found substantial grounds to believe that a widespread and systematic attack was carried out against civilians, resulting in three counts of crimes against humanity, covering 49 incidents of murder and attempted murder. These findings encompass Mr. Duterte’s “war on drugs” during his time as mayor of Davao City and subsequent term as President.

“The Defense misrepresents and expresses its mere disagreement with the Decision,” said the Office of the Prosecutor. “As such, the Request does not identify any appealable issues and fails to meet the cumulative criteria for leave to appeal under article 82(1)(d) of the Rome Statute.”

The prosecution noted that the chamber had already clearly identified the scope of the charges, including the temporal and geographical parameters, and had followed established jurisprudence in doing so.

The defense earlier said that the court adopted an overbroad delineation of the charges which resulted in concrete prejudice to the former President’s right to be informed in detail of the case against him.

“The Decision neither identifies the facts and circumstances underlying the charges nor explains how they were demarcated,” the defense said. “The Pre-Trial Chamber erred in law by failing to articulate a reasoned evidentiary basis for confirming the charges.”

The victims’ representatives noted that allowing an appeal at this stage would risk fragmenting the proceedings and causing unnecessary delays to the trial.

“Rather than raising a discrete legal question warranting interlocutory review, the Request reiterates arguments already fully considered and rejected by Pre-Trial Chamber I and reflects nothing more than the Defense’s disagreement with the Chamber’s reasoning and its assessment of the evidence,” said the victims’ counsel Gilbert T. Andres, Joel R. Butuyan, and Paolina Massidda.

“The Request further advances a distorted reading of the applicable jurisprudence and of the respective statutory roles of the Prosecution and the Chamber, while failing to identify any discernible error of law in the Confirmation Decision,” they added.

SARA ACCEPTS
Vice-President Sara Duterte-Carpio said she has “accepted” the decision of the ICC’s confirmation of charges against her father, adding his defense team continues to prepare for the upcoming trial.

Speaking with Duterte supporters in The Hague, Netherlands on May 4, Ms. Duterte said she does not expect the tribunal to drop the charges against the former President.

“I accepted it as it is,” she said in mixed English and Filipino, according to a transcript from her office. “We also discussed it with the lawyers. We don’t see any way the ICC will drop the case against [former] President Duterte… So, we don’t think that they will let this go.”

Analysts earlier said that the outcome of the trial might not only affect the political future of Mr. Duterte and his allies in the Philippines but also shape how voters evaluate candidates in future elections, particularly on issues of human rights, rule of law and governance.

Meanwhile, the judges of Pre-Trial Chamber I also issued a report to record several annexes containing e-mail-based orders and decisions from the pre-trial phase between November 2025 and April 2026. The judges noted that this filing ensures the publicity of the proceedings in accordance with the Rome Statute.

Following its formation on April 24, Trial Chamber III has scheduled a May 27 status conference to hear the case. — Erika Mae P. Sinaking with Chloe Mari A. Hufana