Metro Manila (CNN Philippines, July 18) — The International Criminal Court’s (ICC) Appeals Chamber is set to issue its decision on the Philippine government’s plea against the court’s move to resume its probe into the Duterte administration’s war against illegal drugs.
What is this division of the ICC and what is its role in the cases filed before the court?
The ICC has three divisions: the Pre-Trial Division, the Trial Division, and the Appeals Division.
The Appeals Division “deals with appeals received from or filed by convicted persons, the Prosecutor, legal representatives of the victims or bona fide owners of property adversely affected by Court decisions.”
The assignment of judges to these three divisions is based on what functions they will perform, and the qualifications and experience they have. This will ensure that the three benefit “from an appropriate combination of expertise in criminal law and procedure and international law.”
“The judges assigned to the Appeals Division serve exclusively in that Division for their entire term of office,” ICC noted.
The Appeals Chamber consists of five judges of the division, out of which the body decides on a presiding judge for each appeal.
In the case of the Philippines’ appeal, the chamber’s presiding judge is Marc Perrin de Brichambaut while its members are judges Piotr Hofmański, Luz del Carmen Ibáñez Carranza, Solomy Balungi Bossa and Gocha Lordkipanidze.
Through the Appeals Chamber, a convicted person may appeal against conviction and sentence. The Prosecutor may also plead against the acquittal or conviction of an accused, or the sentence.
“Such appeals may be made on the grounds of procedural errors, errors of fact or law and on any other grounds affecting the fairness or reliability of the proceedings or decisions. The Appeals Chamber may reverse or amend the decision on conviction or sentence and may order a new trial before a different Trial Chamber. It may also revise the final judgment of conviction or the sentence,” the ICC explained.
Aside from handling such appeals, the chamber is also responsible for the review of sentences.
The Appeals Chamber is also the body responsible for deciding questions relating to the disqualification of the Prosecutor or a Deputy Prosecutor.
“Legal representatives of the victims, the convicted person or bona fide owner of property adversely affected by an order for reparation to victims may appeal against the order. Other decisions made during the course of the proceedings by the Pre Trial Chamber may also be appealed, including decisions with respect to jurisdiction and admissibility,” ICC said.
Background on the Philippines’ appeal
The prosecutor’s probe on killings under President Rodrigo Duterte’s war on drugs was halted in November 2021 on the appeal of the Philippine government.
The ICC pre-trial chamber authorized the resumption of the investigation in January this year, saying it was not convinced that the government is “making a real or genuine effort” to conduct its own probe and prosecute perpetrators.
The Philippines then filed an appeal in February, asking the court to reverse the decision to resume the probe and pending ruling on that, to suspend the investigation.
However, in March, the Appeals Chamber rejected the request for suspension.
The chamber will issue its judgment on Tuesday on the main appeal to reverse the ruling granting authority to the prosecutor to resume investigation.
