The camp of former Philippine President Rodrigo Duterte has asked permission from the International Criminal Court (ICC) to appeal the Pre-Trial Chamber I’s decision confirming charges against him.
In a filing dated April 29, defense counsel Nicholas Kaufman said the request raises two key issues that may be subject for appellate review.
The first issue questions the Pre-Trial Chamber’s approach in defining the scope of the charges, which the defense described as “flexible” and overly broad.
Kaufman argued that the chamber allowed an open-ended formulation of allegations, leaving the factual scope of the case undefined and permitting the prosecution to later introduce additional incidents as examples.
He said this approach allegedly left the defense unclear on which specific incidents form part of the confirmed charges, including uncertainties on timing, location, identity of victims, and number of incidents involved.
The second issue raised concerns the alleged lack of clear evidentiary reasoning behind the confirmation of charges. The defense said the chamber did not sufficiently link its findings to the evidence presented, nor address key arguments, including the alleged absence of a common plan among co-perpetrators.
Kaufman also said the chamber failed to properly consider defense submissions disputing the existence of alleged co-perpetrators and an agreement establishing a common plan.
He added that materials submitted by the defense regarding the alleged “Davao Death Squad” were not adequately addressed in the ruling.
Under ICC rules, an appeal may be allowed if a decision significantly affects the fairness, speed, or outcome of proceedings, and if early review could correct potential errors.
The ICC earlier confirmed charges of crimes against humanity against Duterte in relation to killings linked to his anti-drug campaign during his time as Davao City mayor and later as president.
The case includes three counts of murder and attempted murder covering alleged killings from 2013 to 2018 in Davao City, nationwide “high-value target” operations, and barangay clearance operations.
Duterte is currently detained at the ICC facility in Scheveningen, The Hague, following his arrest by Philippine authorities on March 11, 2025.
