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Advocates Philippines
Duterte Camp Moves To Appeal ICC Ruling
Photo credit: ICC
The legal team of former President Rodrigo Duterte is seeking to challenge the latest ruling of the International Criminal Court (ICC) that cleared the way for his crimes against humanity case to proceed to trial.
In a filing submitted before the ICC, Duterte’s lawyers asked permission to appeal the decision of Pre-Trial Chamber I, which confirmed the charges linked to the controversial anti-drug campaign carried out during his administration.
The motion was signed by lead defense counsel Nicholas Kaufman, who argued that the allegations against Duterte were not clearly defined and that prosecutors failed to provide sufficient detail in the evidence presented.
Kaufman also criticized the chamber’s ruling, particularly its position that charges did not need to contain “unnecessary details that could be too specific and limiting at trial.”
The defense continued to question the ICC’s jurisdiction over the Philippines, insisting that the country’s withdrawal from the Rome Statute should prevent the tribunal from handling the case. The camp likewise raised concerns over alleged procedural issues that may have affected Duterte’s rights during the proceedings.
However, the ICC Appeals Chamber earlier upheld the court’s jurisdiction over alleged crimes committed while the Philippines was still a member of the Rome Statute.
On April 23, ICC judges unanimously confirmed the charges against Duterte and formally committed the case to trial, saying there were “substantial grounds” to believe he could be held responsible for crimes against humanity involving murder and attempted murder linked to the government’s war on drugs.
Prosecutors accused Duterte of playing a central role in what they described as a widespread and systematic campaign that allegedly led to thousands of deaths during anti-drug operations from his time as Davao City mayor up to his presidency.
Duterte has repeatedly denied ordering unlawful killings, while his lawyers insist the case is politically motivated.
Under ICC rules, the defense cannot automatically appeal the confirmation of charges and must first obtain authorization from the Pre-Trial Chamber before elevating the matter to the Appeals Chamber. If the request is denied, the case will continue toward trial proceedings in The Hague, where Duterte has remained in ICC custody since his arrest and transfer in 2025.
In a filing submitted before the ICC, Duterte’s lawyers asked permission to appeal the decision of Pre-Trial Chamber I, which confirmed the charges linked to the controversial anti-drug campaign carried out during his administration.
The motion was signed by lead defense counsel Nicholas Kaufman, who argued that the allegations against Duterte were not clearly defined and that prosecutors failed to provide sufficient detail in the evidence presented.
Kaufman also criticized the chamber’s ruling, particularly its position that charges did not need to contain “unnecessary details that could be too specific and limiting at trial.”
The defense continued to question the ICC’s jurisdiction over the Philippines, insisting that the country’s withdrawal from the Rome Statute should prevent the tribunal from handling the case. The camp likewise raised concerns over alleged procedural issues that may have affected Duterte’s rights during the proceedings.
However, the ICC Appeals Chamber earlier upheld the court’s jurisdiction over alleged crimes committed while the Philippines was still a member of the Rome Statute.
On April 23, ICC judges unanimously confirmed the charges against Duterte and formally committed the case to trial, saying there were “substantial grounds” to believe he could be held responsible for crimes against humanity involving murder and attempted murder linked to the government’s war on drugs.
Prosecutors accused Duterte of playing a central role in what they described as a widespread and systematic campaign that allegedly led to thousands of deaths during anti-drug operations from his time as Davao City mayor up to his presidency.
Duterte has repeatedly denied ordering unlawful killings, while his lawyers insist the case is politically motivated.
Under ICC rules, the defense cannot automatically appeal the confirmation of charges and must first obtain authorization from the Pre-Trial Chamber before elevating the matter to the Appeals Chamber. If the request is denied, the case will continue toward trial proceedings in The Hague, where Duterte has remained in ICC custody since his arrest and transfer in 2025.
Apr 30, 2026
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