Former Philippine president Rodrigo Duterte is facing strong opposition from prosecutors at the International Criminal Court (ICC), who have asked judges to reject his bid to appeal the confirmation of charges over alleged extrajudicial killings during his tenure as Davao City mayor and later as president.

In a 12-page filing dated May 4, prosecutors told Pre-Trial Chamber I that Duterte’s defense “misinterprets and expresses mere disagreement” with the ruling, without raising legitimate grounds for appeal.

“The Prosecution respectfully requests that Pre-Trial Chamber I reject the Defence’s request for leave to appeal the Decision on the confirmation of charges against Mr. Rodrigo Roa Duterte,” the document stated.

Duterte’s lawyers argued that the Chamber failed to define the scope of the charges and did not sufficiently explain the factual basis for its conclusions.

Prosecutors countered that the Chamber had clearly outlined the parameters, solicited additional submissions, and detailed its reasoning in the confirmation decision.

They also dismissed claims of legal error, stressing that the Chamber linked its findings to witness testimony and other evidence.

“This approach is consistent with recent confirmation decisions of the Court,” prosecutors said, emphasizing that the purpose of the proceedings is to determine whether the case merits trial.

The filing underscored that all evidence and arguments raised by Duterte’s defense will be addressed at trial, and that immediate resolution of the issues raised would not materially advance the proceedings.

Prosecutors also criticized defense counsel for making “false and disparaging statements” in media interviews accusing the ICC of bias and self-interest.

The Chamber had previously reminded Duterte’s lawyers of their obligations under the Code of Conduct, but prosecutors said the pattern of remarks continues to undermine the Court’s legitimacy and fuel disinformation in the Philippines.

“Defence Counsel has already been reminded—on two occasions—of his obligations under the Code of Conduct by this Chamber,” the prosecution said.

“Despite this, he continues to exhibit a pattern of deplorable conduct in relation to the public statements he makes about this case and the judges of this Court,” prosecutors added. “These comments undermine the legitimacy of the Court and contribute to the significant disinformation campaign surrounding this case in the Philippines.”

Former presidential legal adviser Salvador Panelo was also cited for echoing similar claims in local media.

“It is worth noting that Salvador Panelo—one of the six lawyers the Defence refused to publicly admit was not, in fact, part of the Defence team—has repeated the same talking points in Philippine media, recently providing an interview in which he stated that the Court ‘is trying to justify its existence,’” the prosecution said.

“These comments undermine the ‘validity’ of the Decision and have the potential to negatively impact witnesses and victims, who may be reluctant to participate in proceedings portrayed by Defence Counsel as corrupt or illegitimate,” they added.

The ICC Presidency in April constituted the Trial Chamber that will hear Duterte’s case, setting the stage for full proceedings.

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The Prosecution’s latest filing signals its firm stance against attempts to delay or weaken the charges. 

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