Appeal rejected as ICC upholds crimes against humanity ruling vs Duterte

National

THE International Criminal Court (ICC) rejected an appeal to overturn its previous ruling confirming the crimes against humanity charges against former Philippine president Rodrigo Duterte.

In a 12-page decision released Thursday night, ICC Pre-Trial Chamber I denied the request of Duterte’s defense team for leave to appeal the chamber’s April 23 ruling that confirmed all charges against the former president.

The chamber said the two arguments raised by former lead defense counsel Nicholas Kaufman did not qualify as “appealable issues” that may be elevated before the ICC Appeals Chamber.

Before stepping down from the defense team, Kaufman argued that the chamber committed an error in law by adopting what he described as a “flexible approach” in framing the charges against Duterte.

He also maintained that the judges failed “to articulate a reasoned evidentiary basis for confirming the charges.”

In rejecting the first argument, the pre-trial chamber said the defense had “mischaracterized” its ruling regarding the delineation of charges.

“Despite the defense’s statement to the contrary, the First Proposed Issue is based on a conflation of two questions that are clearly distinct, as already clarified by the Chamber in the Confirmation Decision,” the court said.

The judges reached a similar conclusion on the second issue raised by the defense, saying the arguments “amount to a mere disagreement with the manner in which the Chamber articulated its assessment of the evidence.”

The ruling effectively ends Duterte’s attempt to challenge the confirmation of the three crimes against humanity charges through an appeal before the ICC Appeals Chamber.

Under ICC procedures, decisions confirming charges are not automatically appealable. A successful motion for leave would have allowed the defense to elevate the matter to the appellate chamber.

Meanwhile, a separate ICC trial chamber has already been formed to oversee Duterte’s upcoming trial proceedings. Preliminary procedures are underway, with the first status conference scheduled for May 27.(MyTVCebu)