Former president Rodrigo Duterte has asked the International Criminal Court (ICC) for permission to appeal the confirmation of charges against him,arguing the ruling lacks clarity and a sufficient legal basis.

In a 18-page filing dated 29 April, before the ICC’s Pre-Trial Chamber I, Duterte’s defense team said intervention by the Appeals Chamber is necessary to prevent the case from moving forward on uncertain grounds.

“Immediate resolution of this matter by the Appeals Chamber is warranted. Absent appellate intervention, the proceedings risk advancing on an unclear and legally deficient basis,” the defense said. 

The request for leave to appeal follows the Pre-Trial Chamber’s earlier decision confirming charges against Duterte in connection with alleged crimes linked to his administration’s anti-drug campaign. 

The lawyers also warned that unresolved issues in the ruling could trigger delays.

“These deficiencies are also likely to generate further litigation,” the filing read, adding that early resolution would “avoid unnecessary disputes and contribute to the orderly and expeditious conduct of the proceedings.”

Under ICC procedure, a confirmation of charges is not automatically appealable. Duterte’s camp must first secure permission—known as “leave to appeal”—by convincing judges that the issues raised significantly affect the fairness or outcome of the proceedings.

If granted, the Appeals Chamber could review specific legal questions raised by the defense, potentially altering how the case proceeds to trial.

“Prompt intervention would ensure that the case proceeds on a properly defined factual and evidentiary framework,” the defense said, adding this would allow them “to prepare effectively for trial” and reduce “the likelihood of protracted future litigation.”

The case stems from the ICC’s investigation into alleged crimes against humanity linked to Duterte’s anti-drug campaign. 

Rights groups and prosecutors alleged that thousands of people were killed in police operations and vigilante-style attacks tied to the crackdown.

Duterte has consistently denied the allegations, insisting his campaign was a legitimate effort to combat illegal drugs and criminality. 

He has also challenged the ICC’s authority over the Philippines.

The Philippines, under Duterte, withdrew from the Rome Statute—the treaty that created the ICC—in 2019. 

However, the court maintains it retains jurisdiction over alleged crimes committed while the country was still a member, particularly those occurring between 2001 and the withdrawal’s effectivity.

Pre-Trial Chamber I must decide whether to certify the issues raised for appeal. 

If it does, the Appeals Chamber will then determine whether the confirmation decision should be upheld, modified, or clarified.

“For the reasons set out above, the Defence respectfully requests that Pre-Trial Chamber I certify the issues identified above for appeal,” the filing concluded.