ICC judges reject Duterte appeal bid on charges

MANILA, Philippines — Pre-trial judges of the International Criminal Court (ICC) have rejected the request of former president Rodrigo Duterte’s defense team to appeal the decision confirming the crimes against humanity charges against him.

In a 12-page decision released Thursday night, ICC Pre-Trial Chamber I denied the request for leave to appeal the April 23 ruling that confirmed all charges against Duterte.

The pre-trial judges ruled that the two issues raised by former lead defense counsel Nicholas Kaufman are not “appealable issues” that can be brought before the ICC Appeals Chamber.

In one of his last pleadings filed on behalf of Duterte, Kaufman claimed that the Pre-Trial Chamber erred in law when it adopted a supposed “flexible approach” in the formulation of the charges against the former president.

He also argued that the judges failed “to articulate a reasoned evidentiary basis for confirming the charges.”

In its ruling, the Pre-Trial Chamber I said the defense “mischaracterized” its decision on the matter of the proper delineation of the charges.

“Despite the defense’s statement to the contrary, the First Proposed Issue is based on a conflation of two questions that are clearly distinct, as already clarified by the Chamber in the Confirmation Decision,” the court said.

The chamber made a similar finding on the second issue, noting that the defense’s arguments “amount to a mere disagreement with the manner in which the Chamber articulated its assessment of the evidence.”

The denial of the request effectively closes the avenue for appeal against the decision confirming the three charges of crimes against humanity against Duterte.

Under ICC rules, parties are not automatically allowed to appeal a pre-trial chamber’s decision on the confirmation of charges. A granted motion for leave would have authorized the defense to elevate the issues before the ICC Appeals Chamber.

Meanwhile, a separate trial chamber has already been constituted to handle Duterte’s upcoming trial. It is currently conducting preliminary procedures, with the first status conference scheduled on May 27.