The International Criminal Court (ICC) has denied a request to submit amicus curiae observations in the crimes against humanity case against former President Rodrigo Duterte, underscoring the tribunal’s commitment to procedural integrity in its handling of politically sensitive cases.
In a decision dated April 17, the ICC’s Pre-Trial Chamber rejected a confidential request from a third party seeking to contribute legal input as amicus curiae—or “friend of the court.” The request was filed pursuant to Rule 103 of the court’s rules, which allows outside individuals or entities to offer insight or expertise to aid the Chamber’s deliberations.
However, both the Office of the Prosecutor and Duterte’s defense team opposed the move, and the Chamber concluded that the request was premature.
“At this stage of the proceedings, the Chamber cannot determine whether it is desirable for the proper determination of the case to receive amicus curiae observations. Therefore, the Rule 103 Request is premature and shall be rejected,” the Chamber stated.
The court also noted that although the defense intends to challenge the ICC’s jurisdiction at a later stage, no such matter is currently before the Chamber for consideration. As such, there is no immediate legal issue warranting external commentary.
The decision highlights the ICC’s cautious approach to third-party involvement, especially in high-profile cases involving former heads of state. While Rule 103 allows for external contributions, they must be authorized by the court and deemed necessary for the fair and efficient administration of justice.
To ensure clarity going forward, the Chamber adopted a standardized procedure and submission template for future requests to file observations in the Duterte case. The new protocol requires all applications to be limited to three pages and initially filed as confidential. Only those that strictly follow the court’s guidelines will be considered.
Duterte was arrested in March 2025 under an ICC warrant and was brought to the detention center at The Hague, Netherlands to face charges of crimes against humanity for thousands of killings tied to his administration’s violent anti-drug campaign. A confirmation of charges hearing is scheduled for September 23. (TCSP)
