Duterte asks ICC to be allowed to reply to prosecution response on jurisdiction

Former President Rodrigo Duterte has asked the International Criminal Court (ICC) Appeals Chamber to be allowed to reply to the response of the ICC Prosecutor on its appeal over the tribunal’s jurisdiction.

Duterte’s defense team filed a request for leave to reply to the prosecution.

“In light of the aforementioned, the Appeals Chamber is requested to grant the Defence’s request for leave to reply to the Prosecution’s Response,” it said.

The Pre-Trial Chamber previously rejected the challenge to its jurisdiction by Duterte’s camp. It also rejected the defense's request to postpone the issuance of its decision on the challenge to its jurisdiction.

In October, Duterte’s camp asked the ICC Appeals Chamber to reverse the decision and find that there exists no legal basis for the continuation of the proceedings against the former president.

Meanwhile, the ICC Prosecutor and the Office of the Prosecutor and the Office of Public Counsel for Victims asked the Appeals Chamber to dismiss the appeal.

Duterte’s defense team said the Prosecution attempted a “back-door appeal” and sought to restore its interpretation of Article 12(2) and Article 13(c) by resort to Regulation 28 of the Regulations of the Court.

"The Prosecution’s attempt to invoke Regulation 28 is effectively a new request that could not reasonably have been anticipated by the Defence and should trigger an automatic right of reply," it said.

"Out of an abundance of procedural caution, however, the Defence seeks leave to file a reply wherein, if leave is granted, it will argue that the Prosecution has failed, appropriately, to seise the Appeals Chamber of its objection to the Pre-Trial Chamber’s finding on the correct interpretation of Articles 12(2) and 13(c)," it added.

Duterte is facing trial before the ICC for his alleged crimes against humanity in connection with his bloody war on illegal drugs during his term as President and as Davao City mayor. He has denied the allegations against him. — RSJ/ VDV, GMA Integrated News