ICC rejects Duterte bid to appeal pre-trial ruling on expert communication

Metro Manila, Philippines –  The International Criminal Court pre-trial chamber rejected a request by former President Rodrigo Duterte to appeal a ruling in his crimes against humanity case, clearing the way for proceedings to continue.

In a decision dated Jan. 9, the ICC’s Pre-Trial Chamber I said Duterte’s defense team failed to raise an issue that qualifies for an interlocutory appeal under the court’s rules.

“The Proposed Issue does not constitute an appealable issue within the meaning of article 82(1)(d) of the Statute,” the judges wrote, adding that it was therefore “not necessary for the Chamber to address the remainder of the cumulative criteria.”

The defense had sought permission to appeal a separate ruling that denied access to communications between the court’s Registry and an independent panel of medical experts appointed to examine Duterte. Lawyers argued that the chamber failed to properly assess whether the requested materials were necessary for preparing the defense.

Judges rejected that claim, saying the request largely attempted to reargue matters already decided.

“At the outset, the Chamber notes that, in the Request, to a large extent the Defence only repeats or develops arguments in an attempt to relitigate issues that have been addressed” in the earlier decision, the ruling said.

The chamber also dismissed the defense’s assertion that it lacked clarity about what information had been shared with the medical panel, saying that conclusion misrepresented the court’s earlier findings.

The judges said the defense already had “all the necessary information regarding the Registry’s interactions with the Experts,” noting that expert reports themselves referred to the chamber’s instructions and relevant materials.

The ruling formally “rejects the request,” leaving the earlier decision in force and allowing pretrial proceedings in the Duterte case to move forward.

Duterte is currently detained at the Hague, Netherlands for anti-drug for alleged crimes against humanity linked to killings in his drug war campaign when he was president of the Philippines.