Rodrigo Duterte ICC composite image from INQUIRER files
MANILA, Philippines — The prosecution, as well as the legal representatives of victims at the International Criminal Court (ICC), have urged the dismissal of the appeal on the decision confirming crimes against humanity charges against former President Rodrigo Duterte, saying the issues raised can be addressed during trial.
In separate May 4 filings of their respective observations, the Office of the Prosecutor (OTP) and the Common Legal Representatives of Victims (CLRVs) asked the Pre-Trial Chamber (PTC) to reject the defense’s request for appeal, arguing that the issues raised do not justify immediate intervention under Article 82(1)(d) of the Rome Statute.
The Rome statute provision, cited by the defense in its April 29 appeal, allows for an immediate appeal when an issue would “significantly affect the fair and expeditious conduct” of the proceedings or the outcome of a trial.
After the PTC I confirmed all the charges of Duterte, the case was endorsed for trial. If it grants the defense’s request, the Appeals Chamber will adjudicate on the appeal. But this will not hamper the trial proceedings now being initiated by Trial Chamber III.
The OTP said that the defense’s appeal request “merely disagrees” with the PTC’s approach to rule broadly on the confirmation of charges, as it deemed it was not in a position to cover all the details of the evidence.
The prosecution also argued that, contrary to the defense’s assertion, the PTC “did define the parameters of the charges.”
“The prosecution submits that because the chamber’s approach firmly reflects prior jurisprudence of the Appeals Chamber regarding the scope of the charges and the limited purpose of confirmation proceedings, immediate resolution of the issues by the Appeals Chamber would not materially advance the proceedings and could, in actuality, result in their delay if appeals proceedings are commenced regarding already settled issues of law,” said part of its 12-page observations.