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ICC rejects Duterte appeal, trial looms

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The International Criminal Court Appeals Chamber on Wednesday denied former president Rodrigo Duterte’s appeal and affirmed its jurisdiction over his case, clearing the way for possible trial proceedings on alleged crimes against humanity.

During the hearing, the chamber declared, “The appeals chamber by majority… has rejected all four grounds of appeal. Having rejected the entire appeal, the appeals chamber considers that the defense’s request for unconditional release of Mr. Duterte is moot.”

Duterte skipped the proceedings after waiving his appearance. 

His legal counsels Nicholas Kaufman and Dov Jacobs argued for a reversal of the earlier ruling and urged the court to stop the case, insisting there was no legal basis to continue proceedings. 

They also pushed for his immediate and unconditional release.

The Appeals Chamber upheld the earlier ruling of the Pre-Trial Chamber I, which found that the court retains jurisdiction because the prosecution’s preliminary examination began before the Philippines formally withdrew from the Rome Statute.

The decision removes what observers described as the last major legal obstacle to a potential trial over killings linked to Duterte’s anti-drug campaign. 

The chamber voted on multiple issues, reaching unanimous decisions on some points while Judge Gocha Lordkipanidze cast the lone dissent, consistent with his position in 2023.

Families of victims and supporters who watched the hearing in Quezon City reacted emotionally, with some applauding the outcome.

The case now shifts to the Pre-Trial Chamber’s pending decision on whether to confirm the charges against Duterte. Prosecutors presented evidence supporting three counts of crimes against humanity of murder involving 78 victims.

Judges have 60 days from the February 27 confirmation hearing to decide whether to move forward with a trial, placing the expected ruling toward the end of April.

If the chamber confirms some or all charges, the case will proceed to trial. If it confirms none, Duterte could be freed. 

The chamber may also require prosecutors to submit additional evidence before issuing a final ruling.

With jurisdiction settled and Duterte previously declared fit to stand trial, the outcome now depends on whether the court finds sufficient grounds to confirm the charges.


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