ICC rejects Duterte’s bid to stop his prosecution

Duterte in his first appearance at the ICC in March last year The International Criminal Court’s pre-trial chamber has denied former President Rodrigo Duterte’s bid to appeal the confirmation of crimes against humanity charges against him. In a 12-page decision issued Thursday night from The Hague, the three pre-trial judges ruled that the two issues raised on Duterte’s behalf by his former lead counsel Nicholas Kaufman were not “appealable issues” that can be elevated to the ICC Appeals Chamber. Kaufman had argued that the pre-trial chamber erred in law when it adopted a “flexible approach” in the formulation of the charges against Duterte. He also said the judges failed “to articulate a reasoned evidentiary basis for confirming the charges.” The chamber said in its ruling that the first issue raised by the defense was based on a merging of two questions which the court had already said were clearly separate. “Despite the defense’s statement to the contrary, the First Proposed Issue is based on a conflation of two questions that are clearly distinct, as already clarified by the Chamber in the Confirmation Decision,” the court said. On the second issue, the court said it was a “ a mere disagreement with the manner in which the Chamber articulated its assessment of the evidence.” The decision removes all avenues for Duterte to stop the trial of the three charges of crimes against humanity for murder and attempted murder that were confirmed by the chamber earlier. A trial chamber has already been constituted to handle Duterte’s upcoming trial, and is scheduled to do its first status conference on May 27. Senator dela Rosa appeared at the Senate on May 13 before fleeing early the next day Meanwhile, the National Bureau of Investigation says it is leaving no stone unturned in tracking down Sen. Ronald “Bato” dela Rosa who is named co-conspirator in the ICC charges against Duterte, and who has gone into hiding again after attending a Senate session on May 13. He went underground for six months earlier amid reports that the ICC had already issued a warrant of arrest against him. NBI’s statement came one day after the Department of Justice declared that the ICC arrest warrant issued against dela Rosa is already enforceable after the Supreme Court denied the senator’s request for a temporary restraining order. NBI Director Melvin Matibag said at a press briefing Thursday, “If we see him (dela Rosa), we’ll arrest him,” Matibag said at a press briefing. “We’re looking for him now.” Matibag said if NBI agents manage to capture the senator, he would be turned over to the DOJ, which will decide if he should be flown to the ICC in The Hague. Last year, Duterte was flown straight to The Hague after being arrested on arrival at the Manila airport from Hong Kong, on the basis of an ICC arrest warrant.

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