Clearing the way for the Feb. 23 hearing, the International Criminal Court (ICC) has denied former President Rodrigo Duterte’s attempt to appeal a ruling affirming his fitness to stand trial, while also authorizing 500 more applicants to join as victims in the upcoming confirmation of charges.
In a decision dated Feb. 13, the ICC Pre-Trial Chamber I rejected the defense’s “Request for Leave to Appeal” its earlier ruling that Duterte is fit to take part in the proceedings.
The defense had sought to elevate the Chamber’s Jan. 26 decision to the Appeals Chamber, arguing that the issue of fitness warranted appellate review.
The Chamber, however, found that the request did not meet the criteria for an interlocutory appeal and ruled that there was no basis to suspend or delay the confirmation process.
With the denial, the finding that Duterte is fit to participate in the pre-trial stage stands, ensuring the confirmation of charges hearing will proceed as scheduled on Feb. 23.
500 VICTIMS
In a separate decision also dated Feb. 13, the Chamber authorized 500 additional applicants to participate in the confirmation proceedings as victims.
The newly admitted participants bring the total number of victims authorized at the confirmation stage to 539.
The Chamber said the additional applicants met the criteria for participation under the Rome Statute and the Court’s rules, following assessment by the Registry.
Joel Butuyan and Gilbert Andres, along with Paolina Massidda of the Office of Public Counsel for Victims, will serve as the common legal representatives of the authorized victims.
The Chamber directed that the victims participate collectively through their common legal representatives to ensure the expeditious conduct of proceedings.
The confirmation of charges hearing, set from Feb. 23 to 27, will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed each of the crimes charged.
If one or more charges are confirmed, the case will be transferred to a Trial Chamber for full trial proceedings.
Duterte, arrested in March 2025, is suspected of crimes against humanity of murder and attempted murder, allegedly committed in the Philippines between Nov. 1, 2011, and March 16, 2019, in connection with the anti-drug campaign.
