The camp of former president Rodrigo Duterte has sought permission from the International Criminal Court (ICC) to appeal the confirmation of charges against him, arguing that the tribunal committed “errors in law” that undermine the fairness of the proceedings.

In a filing dated April 29, Duterte’s defense team formally requested leave to appeal the April 23 decision of Pre-Trial Chamber I that confirmed charges of crimes against humanity in connection with his administration’s anti-drug campaign. 

The defense said the ICC chamber adopted an overly “flexible” approach in defining the charges, which allegedly resulted in an unclear and overly broad case against Duterte. 

It argued that this approach failed to properly outline the factual scope of the accusations, leaving the defense unable to determine which specific incidents are being used as the basis for the case. 

The camp warned that such ambiguity violates Duterte’s right to be informed: “in detail of the nature, cause, and content of the charge.” 

According to the defense, the ICC ruling effectively allowed prosecutors to expand or modify the scope of the case even after the confirmation stage. 

It said this creates an “open-ended” framework where additional incidents may be introduced later, making it difficult for the accused to prepare a proper defense. 

The defense added that the charges span nearly seven-and-a-half years and cover a wide geographical area, further compounding the alleged lack of specificity. 

The Duterte camp also questioned the evidentiary basis of the ICC’s decision, saying the Pre-Trial Chamber failed to clearly link its findings to specific pieces of evidence. 

It said the ruling relied heavily on general summaries of the prosecution’s arguments without providing detailed references to supporting evidence. 

The defense argued that this prevents them from meaningfully challenging the findings and understanding how the court concluded that there were “substantial grounds” to proceed to trial. 

The filing further claimed that the ICC chamber did not sufficiently address key arguments raised by Duterte’s legal team. 

Among these were claims that there was no established “common plan” linking Duterte to alleged crimes, and that some deaths cited in the case occurred during legitimate law enforcement operations. 

The defense said the court instead accepted the prosecution’s claims “at face value” without conducting a detailed, incident-specific analysis. 

Citing these issues, Duterte’s lawyers asked the Pre-Trial Chamber to certify the case for appeal before the ICC Appeals Chamber. 

They argued that immediate appellate review is necessary to correct potential judicial errors early and ensure that the case proceeds on a clear and legally sound basis. 

The defense warned that without such intervention, the trial could proceed under what it described as an “indeterminate and legally untested” framework. 

The ICC earlier confirmed charges of crimes against humanity against Duterte, including murder and attempted murder, over alleged killings linked to his anti-drug campaign.

The case is now set to move to trial, pending developments on the defense’s request for leave to appeal.