ICC pre-trial judges reject Duterte defense appeal over confirmation of charges
International Pre-Trial Court I judges have denied the request of former president Rodrigo Duterte's defense team for leave to appeal the court's decision on his confirmation of charges.
In a 12-page decision made public on May 21, judges Iulia Antoanella Motoc, Reine Adélaide Sophie Alapini-Gansou, and Maria del Socorro Flores Liera handed down a unanimous rejection of the defense's request.
Days after the Court confirmed all three charges of crimes against humanity for murder against Duterte, the former president's legal team, now led by British lawyer Peter Haynes, filed a request to appeal the decision for two reasons.
First, the defense questioned the Court's "flexible approach" to the formulation of the charges and other vital details, including the "timing, location, and identity of the victims," and the "number of incidents and victims".
Due to these apparent errors, the Court supposedly confirmed the charges based on a decision that "neither identifies the facts and circumstances underlying the charges nor...[explains] how they were demarcated." The defense argued the court used "generalized formulations," which apparently led to a case with no specific scope.
In response, the prosecution argued that, "contrary to the defense's assertion, the Chamber did define the 'parameters of the charges' and did so in a manner that is consistent with the jurisprudence of the Appeals Chamber." The prosecution added the Chamber did "consider the scale of criminality and alleged mode of individual criminal responsibility in this case." Taking a broad approach to cover the extent of "Mr Duterte's alleged criminality" was seen as necessary by the Chamber, the prosecution argued.
The Common Legal Representatives of Victims added the defense team's description of the charges as "fluid" or "indeterminate...misrepresents the Chamber's findings" as, based on legal principles, in cases of large-scale criminality, "the number of incidents or victims is indicative" and that "it does not set definitive limits."
Among other points, the Chamber affirmed the CLRV's position that the details presented to the Pre-Trial Court were indeed indicative, and more information could be made available to the Trial Chamber later on, "allowing a more precise determination without exceeding the facts and circumstances of the charges."
"The first proposed issue thus mischaracterizes the confirmation decision and, therefore, does not constitute an appealable issue..." wrote the Chamber.
The defense team raised another point, arguing the Chamber "erred in law by failing to articulate a reasoned evidentiary basis for confirming the charges." According to the defense, the Chamber did not specify material facts and did not give specific references to evidence it used to confirm the charges.
In response, the prosecution said the Chamber did link its findings to the evidence, making specific references to witnesses and other evidentiary material. Prosecution also reminded that the Chamber did explain the approach it took, which was to assess all evidence presented, and refer only to those deemed necessary to show the Chamber's line of reasoning as it arrived at its decision.
Additionally, the CLRV said the Chamber was not required to provide a comprehensive account of every piece of evidence, as it was not a trial chamber; neither was it expected to engage with each argument raised by the defense and prosecution.
The Chamber agreed, saying it considered only the materials submitted that were relevant to its assessment of the evidence. It further said the defense team misunderstood the nature of confirmation proceedings.
"A decision on the confirmation of charges does not require a detailed, incident-by-incident adjudication comparable to a trial judgment. Such an approach would be inconsistent with the limited scope and purpose of confirmation proceedings..." the Chamber wrote.
"For these reasons, the Chamber hereby rejects the request," it concluded.
Duterte has been at the ICC since March 12, 2025, following his arrest at Ninoy Aquino International Airport.
He is facing charges for crimes against humanity, specifically two counts of murder and one count of murder and attempted murder that were allegedly committed between 2013 and June 2016, and between July 2016 and September 2018 in relation to his war on drugs campaign in the Philippines.
