The Pre-Trial Chamber I of the International Criminal Court (ICC) has been asked to dismiss the request of the defense to appeal the confirmation of the charges against former President Rodrigo R. Duterte, complaining that the failure to meet the requirements of the law and the repetition of previously dismissed points.
The Hague court was urged to continue the trial after confirming the charges against humanity related to the alleged killings associated with Mr. Duterte’s fight against drugs.
In separate responses dated May 4, both the Prosecutor’s Office and the Common Law Victims’ Advocates argued that the defense’s claim rested on a “distortion of the facts” of the court’s previous findings.
Earlier, the case found strong grounds to believe that a widespread and systematic attack was carried out against people, which led to three counts of crimes against humanity, including 49 cases of murder and attempted murder. These findings include Mr. Duterte’s “war on drugs” during his tenure as mayor of Davao City and his subsequent term as President.
“The Defense spoke badly and just expressed their disagreement with the decision,” said the Prosecutor’s Office. “Therefore, the application does not identify compelling issues and fails to meet the cumulative criteria for leave to appeal under article 82(1)(d) of the Rome Statute.”
The prosecutor noted that the court had already clearly defined the scope of the cases, including the temporal and territorial boundaries, and had followed established rules in doing so.
Previously, the lawyer for the accused said that the court accepted the explanation of the charges in a strange way which led to undermining the former President’s right to be informed in detail about the charges against him.
“The decision does not reveal the facts and circumstances that led to the charges or explain how they were decided,” said the lawyer. “The Pre-Trial Chamber committed an error of law in failing to present substantial evidence to support the charges.”
Victims’ representatives noted that allowing the appeal at this stage would risk disrupting the proceedings and causing unnecessary delays in the proceedings.
“Instead of raising a clear legal question that warrants a review of the negotiation, the Request repeats the arguments that have been fully considered and rejected by the Pre-Trial Chamber I and shows nothing but the disagreement of the Defense and the Chamber’s reasoning and its evaluation of the evidence,” said the lawyer of the victims Gilbert T. Andres, Joel R. Paolinaid, and Paolinaid.
“The petition advances a distorted reading of the applicable law and the legal roles of the prosecution and the Council, while failing to identify any cognizable legal error in the Confirmation Decision,” they added.
SARA ACCEPTS
Vice President Sara Duterte-Carpio said she has “welcomed” the ICC decision confirming the charges against her father, adding that her defense team continues to prepare for the upcoming trial.
Speaking to Duterte’s supporters in The Hague, Netherlands on May 4, Mrs. Duterte said that she does not expect the court to drop the charges against the former President.
“I accepted it as it is,” he said in mixed English and Filipino, according to a transcript from his office. “We have discussed with the lawyers, we do not see that the ICC will cancel the case [former] President Duterte… So, we don’t think they will allow this.”
Previously, analysts said that the outcome of the case may not only affect the political future of Mr. Duterte and his supporters in the Philippines have also shaped the way voters evaluate candidates in the upcoming elections, especially on issues of human rights, law and governance.
Meanwhile, the judges of the Pre-Trial Chamber I also issued a report recording 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 confirms the announcement of the trial in accordance with the Rome Statute.
After its formation on April 24, Trial Chamber III scheduled a status conference for May 27 to hear the case. – Erika Mae P. Sinaking with Chloe Mari A. Hufana
