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Advocates Philippines
ICC Rejects Duterte Camp's Appeal On Pre-Trial Participation
FILE
The International Criminal Court (ICC) in The Hague has rejected a request from the legal team of former Philippine president Rodrigo Duterte to appeal a ruling allowing him to participate in pre‑trial proceedings on charges of crimes against humanity.
In a decision made public this month, Pre‑Trial Chamber I ruled that the arguments raised by Duterte’s lawyers did not meet the legal standards for appeal under the Rome Statute. The chamber said the issues cited — including the disclosure of communications between the court registry and the medical panel assessing Duterte’s fitness — were not “appealable issues” that could significantly affect the fairness or pace of the proceedings.
Duterte’s legal team had argued that instructions to the ICC Registry regarding submission of documents to the medical panel were unclear and renewed their request for interim release, citing medical evidence. The court dismissed these claims, noting that they do not fall under the narrow circumstances outlined in Article 82 of the Rome Statute that would allow an appeal at this stage.
The ICC prosecutors also formally opposed the defense appeal of the January ruling by the same chamber, which found Duterte “fit to take part in pre‑trial proceedings” and denied his request for an indefinite postponement of the confirmation hearing. Deputy Prosecutor Mame Mandiaye Niang stated that the defense simply disagreed with the earlier ruling and did not identify a legal error justifying appellate review.
The confirmation of charges hearing is scheduled for February 23–27, 2026, where judges will determine whether sufficient evidence exists to proceed to trial. Duterte has been in ICC custody in the Netherlands since March 2025 and faces allegations linked to his controversial anti‑drug campaign, which resulted in thousands of deaths.
The ICC’s decision reflects its determination to move forward despite repeated challenges from Duterte’s defense, including prior rejected appeals for temporary release and delays, as well as ongoing legal debate over his medical condition and ability to participate in the case.
In a decision made public this month, Pre‑Trial Chamber I ruled that the arguments raised by Duterte’s lawyers did not meet the legal standards for appeal under the Rome Statute. The chamber said the issues cited — including the disclosure of communications between the court registry and the medical panel assessing Duterte’s fitness — were not “appealable issues” that could significantly affect the fairness or pace of the proceedings.
Duterte’s legal team had argued that instructions to the ICC Registry regarding submission of documents to the medical panel were unclear and renewed their request for interim release, citing medical evidence. The court dismissed these claims, noting that they do not fall under the narrow circumstances outlined in Article 82 of the Rome Statute that would allow an appeal at this stage.
The ICC prosecutors also formally opposed the defense appeal of the January ruling by the same chamber, which found Duterte “fit to take part in pre‑trial proceedings” and denied his request for an indefinite postponement of the confirmation hearing. Deputy Prosecutor Mame Mandiaye Niang stated that the defense simply disagreed with the earlier ruling and did not identify a legal error justifying appellate review.
The confirmation of charges hearing is scheduled for February 23–27, 2026, where judges will determine whether sufficient evidence exists to proceed to trial. Duterte has been in ICC custody in the Netherlands since March 2025 and faces allegations linked to his controversial anti‑drug campaign, which resulted in thousands of deaths.
The ICC’s decision reflects its determination to move forward despite repeated challenges from Duterte’s defense, including prior rejected appeals for temporary release and delays, as well as ongoing legal debate over his medical condition and ability to participate in the case.
Feb 13, 2026
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