Prosecutors at the International Criminal Court (ICC) have formally objected to the request of former Philippine president Rodrigo Duterte to appeal a ruling that found him fit to participate in pre-trial proceedings and denied his bid for an indefinite adjournment.

In a nine-page pleading dated February 12, Deputy Prosecutor Mame Mandiaye Niang said Duterte’s lawyers failed to raise any appealable issue and merely expressed disagreement with the January 26 decision of ICC Pre-Trial Chamber I.

“The Chamber should reject the Defence’s request for leave to appeal,” the prosecution said, arguing that the defense misunderstood the process under Rule 135 of the ICC Rules of Procedure and Evidence and did not meet the required criteria for an appeal.

The prosecution challenged four grounds raised by Duterte’s camp, including claims that the Chamber ignored clinical evidence on Duterte’s cognitive condition, erred in rejecting an evidentiary hearing to question medical experts, failed to clearly explain its reasoning, and improperly limited its assessment of fitness to the pre-trial stage.

According to prosecutors, concerns about Duterte’s fitness can still be addressed later, should the case proceed to trial. 

Allowing an appeal at this stage, they said, would only cause further delays in proceedings that were already postponed by five months to allow for a medical assessment.

The prosecution emphasized that the Pre-Trial Chamber did not disregard the medical reports submitted by the defense, noting that these were provided to a three-member, multidisciplinary panel of experts tasked with evaluating Duterte’s condition.

“As emphasised by the Chamber, the Panel was ‘able to undertake its medical assessment of Mr. Duterte in full knowledge of the previous medical reports and opinions that had been provided prior to its own examination,” prosecutors said, adding that the Chamber took “great care” in appointing the experts.

They also rejected the defense’s argument that an evidentiary hearing was required, pointing out that ICC rules do not mandate such a hearing and leave the matter to the Chamber’s discretion.

Possible review at trial stage

Prosecutors emphasized that the findings on Duterte’s fitness apply only to the pre-trial phase and do not prevent the defense from raising the issue again before a Trial Chamber, if warranted.

“Extending conclusions about Mr. Duterte’s current state of fitness to trial proceedings would necessarily require speculation,” the prosecution said, citing the possibility that his condition could improve or deteriorate over time.

The filing also responded to the first review of Duterte’s detention, asking the court to dismiss the appeal request and affirm its earlier decision.

Defense pushback, hearings set

Earlier this month, Duterte’s lawyers, led by Nicholas Kaufman, sought permission to appeal the denial of an indefinite adjournment and the refusal to hold an evidentiary hearing to question the medical experts who examined the former president.

The ICC has scheduled the confirmation of charges hearings from 23 to 27 February 2026.

Sara calls for fairness

Ahead of the hearings, Vice President Sara Duterte expressed hope that the ICC would be fair in handling the case against her father.

“Ang dasal natin ay dapat maging patas ang korte,” she said in an interview in Davao City, adding that her father remains in close contact with his lawyers as they prepare for the proceedings.

The ICC prosecutor has charged Duterte with crimes against humanity, citing 49 incidents of murder and attempted murder linked to his anti-illegal drugs campaign. Prosecutors said the actual scale of victimization during the charged period was “significantly greater.”

Government records show about 6,200 drug suspects were killed during Duterte’s presidency, while human rights groups estimate the death toll could be as high as 30,000 when unreported killings are included.

At the close of the confirmation of charges hearing, the Pre-Trial Chamber may decline to confirm the charges, adjourn proceedings for further investigation, or confirm the charges and commit the case to trial.