The camp of former president Rodrigo Duterte has asked the Appeals Chamber of the International Criminal Court (ICC) to reverse its pre-trial chamber’s ruling that affirmed the Court’s jurisdiction on the former leader’s crimes against humanity of murder case.

In a four-page petition signed by lead counsel Nicholas Kaufman and assistant counsel Dr. Dov Jacobs on Oct. 28, the defense team sought the reversal of the decision and for the Appeals Chamber “to find that there exists no legal basis for the continuation of International Criminal Court proceedings against Mr. Rodrigo Roa Duterte.”

It also wants the Chamber to “order his immediate and unconditional release.”

The appeal was filed under Article 82(1)(a) of the Rome Statute, which provides that either party may exercise their right to appeal a decision with respect to jurisdiction.

This filing came on the heels of the Oct. 23 ruling of the Pre-Trial Chamber (PTC) I, which rejected the defense’s claims that the tribunal had no authority to prosecute and try Duterte over the crimes committed in the Philippines during his administration’s brutal war on drugs campaign.

Duterte’s legal team has also appealed the PTC I’s ruling rejecting the former president’s interim release petition.

Meanwhile, the Office of the Public Counsel for Victims (OPCV) is also urging the Appeals Chamber to deny the former chief executive’s request to reject the decision that ruled for him to remain in detention in The Hague.

Through Principal Counsel Paolina Massidda, the OPCV said the defense failed to demonstrate “clear errors of law or fact” in the pre-trial chamber’s ruling to reject Duterte’s application for interim release.

“Rather, the Defence’s arguments show its mere disagreement with the factual findings of the Chamber. Therefore, the Appeal should be dismissed in its entirety as the Chamber’s reasoning under each condition of article 58(1)(b) of the Rome Statute (the “Statute”) is legally and factually sound, justifying Mr Duterte’s continued detention,” it said in a formal submission on Oct. 28.

Citing “concrete evidence,” the OPCV further stressed that “the possibility of Mr. Duterte absconding remains visible and no material was placed before the Chamber showing that such a possibility is imaginary.”

It also used as basis in its submission the statements and remarks from the former president and his family, who contested his detention and called it “kidnapping.” It also pointed out that Vice President Sara Duterte herself mentioned in public speeches the idea of facilitating her father’s escape from the ICC’s detention center.

The former president was last seen on March 14 in a teleconference after he was arrested and extradited to The Hague on March 12.

He was supposed to face the pre-trial chamber for a confirmation of charges hearing on Sept. 23, but this was postponed after his legal team claimed he is unfit to stand trial.

His defense team has also requested for the adjournment of all legal proceedings against the former president based on claims that he has been suffering from declining cognitive abilities, with the ICC appointing a panel of medical experts to assess and examine Duterte.

The report about his fitness to stand trial is expected to be filed by the end of this month.