The camp of drug war “victims” has strongly opposed a bid by former President Rodrigo Duterte’s defense to appeal the confirmed charges of crimes against humanity of murder before the International Criminal Court (ICC) Pre-Trial Chamber I, saying it would only cause “unnecessary delay” to proceedings nearing the trial stage.

In a 12-page submission dated 4 May, the common legal representatives of the victims (CLRV) argued there is no need for immediate intervention by the Appeals Chamber, as sought by the defense, noting that the issues raised can be addressed during trial proceedings “without the need for interlocutory review.”

“Even where some degree of ambiguity is assumed, this would not warrant immediate appellate intervention. Any such matters can be effectively managed at the trial stage through established procedural mechanisms, including trial management, decisions, disclosure obligations and the submission of briefs,” the filing read, signed by lawyers Paolina Massidda, Gilbert Andres and Joel Butuyan.

Deputy prosecutor Mame Mandiaye Niang raised a similar concern, saying the defense’s move merely reflects its “disagreement” with the ruling and fails to meet the criteria for leave to appeal under the Rome Statute.

Under ICC rules, not all decisions are automatically appealable, and some require prior approval from the court.

The petitions stem from a request by Duterte’s lead counsel, Nicholas Kaufman, seeking permission to appeal the 23 April ruling of Pre-Trial Chamber I, which allowed the former president’s prosecution for crimes against humanity tied to his anti-drug campaign.

Kaufman argued that the chamber “erred in law” by accepting the prosecution’s evidence “at face value” without fully considering the defense’s submissions, particularly the claim that there was no “common plan” behind the alleged crimes.

ICC records indicated that Duterte and his alleged co-perpetrators carried out a “common plan” to “neutralize” criminals during his tenure as Davao City mayor and later as president, targeting individuals suspected of involvement in illegal drugs. 

78 deaths

Prosecutors said the scheme involved systematic killings, torture and other abuses.

The CLRV countered that the defense failed to show that the alleged errors would significantly affect the fairness or outcome of the trial, adding that such arguments can be raised once trial proceedings begin.

“Granting leave to appeal at this stage would, on the contrary, risk fragmenting the proceedings and causing unnecessary delay, contrary to the principle of expeditiousness,” the victims’ lawyers said.

In confirming the charges, Pre-Trial Chamber I ruled that there are “substantial grounds” to believe Duterte is criminally responsible for alleged extrajudicial killings linked to his drug war.

The case covers the deaths of 78 individuals, including six children, from 2013 to 2018, spanning his time as Davao mayor and president. It also includes alleged killings carried out by the so-called Davao Death Squad.

Duterte, 81, has been detained in ICC custody since 11 March last year as an alleged “indirect co-perpetrator” in the killings.

Last week, the ICC constituted Trial Chamber III, which will hear the case and determine whether Duterte is guilty of crimes against humanity.