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No legal basis

by Rhoda Grace Saron
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  • Duterte team asks ICC appeals chamber to halt probe

THE LEGAl team for former President Rodrigo Duterte formally filed an appeal before the International Criminal Court (ICC), asking the Appeals Chamber to reverse a decision that affirmed its authority to investigate the Philippines’ “war on drugs.”

The filing, dated Oct. 28, 2025, from The Hague, Netherlands, argued there is “no legal basis” for the case to continue and sought a definitive halt to the proceedings.

The ICC is investigating Duterte for alleged crimes against humanity related to the alleged thousands of killings that occurred during his administration’s aggressive anti-drug campaign.

The document, signed by Atty. Nicholas Kaufman and Associate Counsel Dr Dov Jacobs, outlined three specific requests for “relief sought” from the Appeals Chamber:

  1. Reverse the “Impugned Decision” (the ruling that allowed the case to continue).
  2. Find that “there exists no legal basis for the continuation of International Criminal Court proceedings against Mr Rodrigo Roa Duterte.”
  3. Order his “immediate and unconditional release.”

The appeal was the latest move in the legal battle by Duterte’s team to challenge the international tribunal’s jurisdiction.

 The ICC’s Pre-Trial Chamber had previously rejected the defense’s challenge, allowing the investigation by the Office of the Prosecutor to move forward.

The core of the jurisdictional dispute centers on the Philippines’ withdrawal from the Rome Statute, the treaty that established the ICC. 

The court has maintained that it retains jurisdiction over crimes allegedly committed during the period when the Philippines was still a member state.

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