THE HAGUE – The legal team of former President Rodrigo Duterte said it will appeal the International Criminal Court (ICC) Pre-Trial Chamber 1’s ruling that he is fit to stand trial, citing alleged denial of due process.

Lawyer Nicholas Kaufman, Duterte’s lead counsel, expressed disappointment after the chamber on Monday, January 26, rejected the defense’s request to indefinitely adjourn the proceedings, which argued that Duterte was not medically fit to participate in the case.

“The Defence is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” Kaufman said in a statement.

“The Defence will seek leave to appeal this decision and argue that Mr. Duterte was denied due process,” he added.

Following the chamber’s finding, the ICC scheduled the resumption of pre-trial proceedings and the confirmation of charges hearing for Duterte, who faces crimes against humanity charges, on February 23, more than four months later than originally planned.

The court said it will issue a separate order detailing the schedule and directions for the hearing, including any measures recommended by medical experts to facilitate Duterte’s participation. The confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed the crimes charged.