The camp of former president Rodrigo Duterte is asking the Appeals Chamber of the International Criminal Court (ICC) to allow it to respond to the arguments raised by the prosecution on the jurisdiction challenge.

The defense earlier appealed to overturn the decision of the Pre-Trial Chamber I (PTC I) that affirmed the Court’s jurisdiction over Duterte’s case, but the prosecution has sought to dismiss it.

“The Defence for Mr. Rodrigo Roa Duterte respectfully seeks leave to reply to the Prosecution’s response1 to the Defence’s appellate challenge2 to the Pre-Trial Chamber’s ruling on jurisdiction (“Impugned Decision”),” the defense said in a six-page submission dated Dec. 9.

Citing Regulation 24(5) of the Regulations of the Court, the defense argued that parties are allowed to respond if there are “new issues that could not reasonably have been anticipated in the original submission.”

In the request, the defense pointed out that the prosecution has attempted a “backdoor appeal” to restore its incorrect interpretation of Article 12(2) and Article 13(c) by resort to Regulation 28 of the Regulations of the Court.

“The Prosecution’s attempt to invoke Regulation 28 is effectively a new request that could not reasonably have been anticipated by the Defence and should trigger an automatic right of reply,” the defense argued.

“Out of an abundance of procedural caution, however, the Defence seeks leave to file a reply wherein, if leave is granted, it will argue that the Prosecution has failed, appropriately, to seise the Appeal Chamber of its objection to the Pre-Trial Chamber’s finding on the correct interpretation of Articles 12(2) and 13(c),” it added.

The basis of the arguments between the prosecution and the defense lie on the withdrawal of the Philippines from being a state-member of the Rome Statute.

While the Philippines expressed its intent to withdraw from the ICC in March 2018, it was only a year after—March 2019–when this took effect. The preliminary examination on Duterte’s case, however, has started in February 2018.

The defense has a current pending appeal before the Appeals Chamber to overturn pre-trial chamber’s decision to affirm its jurisdiction on Duterte’s crimes against humanity charges.

It also has a petition to adjourn all legal proceedings against the ex-leader because of his declining cognitive abilities.

Duterte’s interim release application was rejected with finality by the Appeals Chamber late last month.