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International criminal law expert Kate Gibson joins Duterte’s ICC defense team

by Rhoda Grace Saron
written by Rhoda Grace Saron

IN A move to reinforce his legal defense, the International Criminal Court (ICC) has approved the appointment of veteran international law expert Kate Gibson as associate counsel for former President Rodrigo Roa Duterte.

The ICC Registry—the administrative body of the court—formally notified Trial Chamber III of Gibson’s appointment on May 18, 2026.

The Australian defense lawyer will work directly alongside British attorney Peter Haynes KC, who took over as Duterte’s lead counsel on May 15 following the departure of British-Israeli lawyer Nicholas Kaufman.

An elite track record

Gibson’s entry into the case brings a wealth of specialized ICC experience to the defense roster.

Notably, she was a key member of the legal team that successfully secured an acquittal for former Congolese Vice President Jean-Pierre Bemba before the ICC—a landmark case in international criminal law.

According to official court documents, Gibson has formally confirmed to the Registry that she holds no conflicts of interest regarding the assignment, paving the way for her immediate integration into the team.Strengthening the defense

The addition of Gibson comes at a critical juncture for the 81-year-old former leader, who has been held at the ICC Detention Center in The Hague for over 14 months following his arrest in March 2025.

Duterte faces charges of crimes against humanity stemming from his administration’s controversial anti-illegal drugs campaign.

With the Trial Chamber III pushing forward into active proceedings, legal analysts note that securing a defense team of Haynes and Gibson signals a heavily fortified strategy by the Duterte camp.

The duo will be tasked with navigating the complex international litigation process as the court reviews the evidentiary foundations of the prosecution’s case.

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ICC shuns oral trial on Duterte’s appeal plea

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE INTERNATIONAL Criminal Court (ICC) Appeals Chamber has set the timeline and conduct for the appeal filed by former President Rodrigo Duterte regarding his ongoing detention.

In a public document released on Jan. 29, 2026, the Appeals Chamber, presided over by Judge Luz del Carmen Ibáñez Carranza, ruled that the current appeal will proceed exclusively through written submissions, effectively bypassing oral hearings.

The court also directed Duterte’s defense team to file the appeal brief by Thursday, Feb. 5, 2026.

Meanwhile, the deputy prosecutor and the legal representatives of the Victims are given until Thursday, Feb. 12, 2026, to file their respective responses.

In a move to streamline the process, the Appeals Chamber has limited all submissions to a maximum of 20 pages each.

The proceedings follow a Jan. 26, 2026, decision by Pre-Trial Chamber I, which reviewed Duterte’s detention status. 

Duterte is challenging that specific ruling, leading to this current intervention by the Appeals Chamber.

The chamber—composed of Judges Ibáñez Carranza, Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin —emphasized that “specific circumstances of the present case” make written-only submissions appropriate at this stage.

The ICC is investigating alleged crimes against humanity committed during the previous administration’s deadly “war on drugs.” The former has been in detention since March of last year.

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Defense cites ‘cognitive state’ in urgent bid for Duterte’s freedom

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEGAL counsel for former President Rodrigo Roa Duterte has filed an urgent request with the International Criminal Court (ICC) seeking an expert medical report, arguing that his deteriorating physical and mental health should disqualify him from continued detention.

The motion, dated Dec. 19, 2025, comes as the former leader approaches a mandatory periodic review of his detention in January 2026—nearly one year after his initial arrest.

The ‘Article 58’ risk factors

The core of the defense’s argument rests on Article 58(1)(b) of the Rome Statute, which outlines the criteria for keeping a suspect in custody. 

To maintain detention, the court must believe the suspect is a flight risk, likely to obstruct the investigation, or likely to continue committing crimes.

Defense counsel Nicholas Kaufman is requesting that the Pre-Trial Chamber I order a panel of experts to evaluate whether Mr. Duterte’s “current cognitive state” and physical condition render him incapable of:

  1. Fleeing the ongoing judicial proceedings
  2. Intimidating witnesses or obstructing the case 
  3. Committing further crimes.

Declining health condition

According to the defense team, current medical observations describe the 80-year-old former president as increasingly elderly, physically frail, and suffering from weight loss. 

The defense argues that these factors, combined with his cognitive decline, mitigate the risks previously cited by the prosecution for his detention.

The filing asks the Chamber to order this medical report on an “urgent basis.” Pending the results of this evaluation, the defense has agreed to a brief suspension of current judicial deadlines.

Detention review vs. trial

Legal experts note that this specific filing is strictly concerned with provisional release (detention status) and does not reflect a judgment on the guilt or innocence of the former president regarding the charges of crimes against humanity.

Under Rule 118(3), the court is required to review a suspect’s detention every 120 days. 

The upcoming January review will determine if Mr. Duterte remains in custody at The Hague or is granted a form of conditional release.

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Duterte defense team seeks right to reply, citing ‘new arguments’ in ICC jurisdiction battle

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEGAL team for former President Rodrigo Roa Duterte has formally requested the International Criminal Court (ICC) Appeals Chamber for permission to file a reply to the prosecution’s response regarding the appeal on the court’s jurisdiction.

The defense, led by lawyer Nicholas Kaufman, asserts that the prosecution introduced “new and unexpected arguments” in its recent filing, particularly concerning the interpretation and application of several key provisions of the Rome Statute.

The request seeks leave to respond to the prosecution’s use of Regulation 28 and its arguments relating to Articles 12(2), 13(c), and 127(2) of the Rome Statute.

The dispute centers on whether the ICC retains jurisdiction over alleged crimes against humanity committed during the Philippines’ membership, given the country’s withdrawal from the Rome Statute, which took effect in March 2019.

Key points raised by the defense in their request include:

  1. Pre-Trial Chamber’s Ruling: The defense acknowledges that the Pre-Trial Chamber (PTC) correctly ruled that the ICC cannot exercise jurisdiction once a State has withdrawn, unless an investigation had begun before the withdrawal took effect.
  2. Error on Article 127(2): The defense argues that the PTC erred in applying Article 127(2) of the Rome Statute—which addresses obligations post-withdrawal—as a lex specialis (specific law) to permit late investigations.
  3. Prosecution’s Shift in Reasoning: The defense claims the Prosecution avoided defending the PTC’s original reasoning and, instead, attempted to revive an earlier, rejected legal interpretation without formally appealing that interpretation.

New Argument on Regulation 28: By raising a new argument through the application of Regulation 28 of the Rules of Procedure and Evidence, the defense asserts it must be allowed to file a rebuttal to address this new basis for the Prosecution’s claims.

The defense stressed that the Appeals Chamber’s primary duty is one of legal interpretation, not of securing accountability at all costs. 

They also emphasized that any delay in initiating an investigation ultimately lies with the prosecution.

The Appeals Chamber will now consider the defense’s request for leave to file a reply, which could lead to further legal submissions in the high-stakes jurisdictional battle.

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Urgent ICC plea

by Rhoda Grace Saron
written by Rhoda Grace Saron
  • Duterte defense team cites ‘cognitive impairment’ in latest filing

THE LEGAL team of former President Rodrigo Duterte has filed an urgent submission to the International Criminal Court (ICC) to present medical reports supporting their assertion that the 80-year-old suffers from cognitive impairment.

In its filing, the defense argued that the condition severely limits the former president’s ability to participate in his own legal proceedings effectively. As such, they are pushing the Pre-Trial Chamber to review these medical findings before proceeding with the confirmation of charges.

The submission, which includes recent medical documentation, confirms the defense’s long-held claim that Duterte is experiencing a decline in cognitive function. 

The reports said that the impairment may affect his memory, executive functioning, and capacity for complex reasoning, which are all critical for an accused individual to comprehend their situation and contribute to their defense.

Duterte, who faces charges of crimes against humanity related to his administration’s “war on drugs,” has been in the court’s custody in The Hague since his arrest in March 2025.

Call to halt proceedings

The defense team is explicitly urging the Court to address Duterte’s medical condition as a matter of urgency, asserting that the legal proceedings must cease until the Chamber has ruled on his fitness to stand trial. 

“The Defence makes this present submission… to provide to the Chamber, and enter into the case record, new medical records that have recently come into its possession,” the defense stated in the document, according to sources familiar with the filing. “The evaluation… confirm, as long suspected, cognitive impairment.”

The development comes after the ICC Pre-Trial Chamber I recently postponed the scheduled confirmation of charges hearing, citing the need for time to adjudicate the defense’s request related to Duterte’s health.

The Counsel representing victims of the alleged crimes has previously argued that cognitive decline, in itself, may not automatically render a person unfit for trial, viewing “fitness” as a legal construct that requires careful scrutiny.

Meanwhile, the ICC Office of the Prosecutor has previously indicated that initial submissions by the defense were not sufficient to prove that Duterte is definitively “not fit to stand trial,” suggesting the need for additional medical reports or independent examinations to determine his full legal competency.

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Duterte defense team seeks interim release from ICC, Citing delays

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE DEFENSE team for former Philippine President Rodrigo Duterte has asked the International Criminal Court’s (ICC) Pre-Trial Chamber for his interim release, citing indefinite delays in the proceedings to confirm his fitness to stand trial.

In a recent filing, the defense argued that Duterte’s continued detention is no longer reasonable due to logistical issues that have indefinitely postponed the confirmation of charges.

The defense team proposed that Duterte be granted conditional release under the strict supervision of the ICC and with the cooperation of a state willing to host him.

According to the filing, granting an interim release would protect Duterte’s right to liberty while ensuring the case and ongoing fitness proceedings are not disrupted. 

The motion emphasizes that an interim release would not impede the court’s process or the eventual outcome of the case.

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Duterte’s defense asks ICC for interim release, argues no flight risk

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE DEFENSE team for former Philippine President Rodrigo Duterte has renewed its bid with the International Criminal Court (ICC) to grant him interim release. 

According to a recent filing, the defense argues that the conditions required for continued detention under Article 58(1)(b) of the Rome Statute—such as a risk of flight or witness interference—do not apply to the former head of state.

The filing, dated Aug. 19, 2025, from the Pre-Trial Chamber I, addressed the “Renewed Request for Interim Release” in the case of the Prosecutor vs. Rodrigo Roa Duterte. 

The defense acknowledged earlier procedural delays but insisted that Duterte poses no risk of absconding, influencing witnesses, or committing future crimes.

To support the request, the defense stated that a cooperating State has offered to host Duterte under strict safeguards.

 These include the use of videoconferencing and monitoring mechanisms to ensure he complies with the terms of his release. The defense further argued that Duterte’s prolonged detention would be “unfair and unreasonable,” especially given potential procedural delays within the ICC. 

The team is now asking the Court to consider his immediate release under terms it deems appropriate.

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FPRRD’s defense team cites flaw in ICC ruling, demands his immediate release

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE DEFENSE team of former Philippine President Rodrigo Duterte has formally requested his “immediate and unconditional release” from the International Criminal Court (ICC), arguing that the court lacks the jurisdictional basis to continue proceedings against him.

 The submission, made on July 10, 2025, by lead counsel Nicholas Kaufman and associate counsel Dov Jacobs, serves as a reply to the Prosecution’s response to the defense’s challenge on jurisdiction.

In their latest filing, Duterte’s lawyers vehemently asserted that the ICC cannot investigate acts committed within a state that has withdrawn from the Rome Statute at the time jurisdiction is being exercised.

 They placed the onus squarely on the Prosecution, stating, “At the end of the day, it is the Prosecution which must shoulder the responsibility for its miscalculated and, ultimately, erroneous decision not to investigate within the designated time-period.”

A significant point of contention raised by the defense was the alleged delay by the Prosecution in disclosing crucial materials related to the proceedings.

 The defense team criticized this as more than a mere oversight, claiming, “The prosecution’s failure to initiate goes beyond mere oversight. 

Such wilful neglect palpably impeded the defense’s preparation of the jurisdictional challenge.

“Furthermore, the defense explicitly rejected arguments that invoke the “fight against impunity” to justify a broad interpretation of the Rome Statute.

 They emphasized the paramount importance of due process and legal propriety, stating, “Even if combatting impunity is deemed by many to be the raison d’etre for the International Criminal Court, the pursuit of accountability cannot prioritise victims’ expectations over a suspect’s right to legal propriety and due process.”

The lawyers also highlighted former President Duterte’s consistent stance on accountability, quoting his previous statement: “If I committed a sin, prosecute me in the Philippine courts, with Filipino judges, and I will allow myself to be jailed in my own nation.” 

This quote was used to underscore that “Mr. Duterte has never expressed a desire to shirk accountability,” but rather insists on facing justice within his own country’s legal system.

The defense’s latest submission marks a critical development in the ongoing legal battle, as it directly challenges the ICC’s authority to prosecute the former president, pushing for an end to the proceedings based on jurisdictional grounds.

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ICC grants Duterte defense team right to reply in jurisdiction challenge

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE COURT has granted the defense’s motion to file a reply in their ongoing challenge to the ICC’s jurisdiction to try former President Rodrigo Duterte for crimes against humanity.

The order, issued recently, directs the defense team to submit a 10-page reply. 

This submission is specifically limited to addressing two key arguments previously raised by the Prosecution in response to the Defense’s challenge. The deadline for this filing is set for no later than July 2, 2025.

This decision allows the Defense a further opportunity to present their arguments and counter the Prosecution’s points on the critical issue of the ICC’s authority over the former president’s case. 

Meanwhile, the challenge to jurisdiction remains a central aspect of Duterte’s legal strategy before the international tribunal.

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