ICC Appeals Chamber rejects Rodrigo Duterte's plea, affirms jurisdiction

The International Criminal Court (ICC) Appeals Chamber has upheld the tribunal's jurisdiction over former Philippine President Rodrigo Duterte, with the majority dismissing the defense's appeal on all four grounds on Wednesday, April 22.

On October 23, 2025, the ICC Pre-Trial Chamber I (PTC-I) released an impugned decision rejecting the defense’s challenge regarding jurisdiction, prompting Duterte’s legal team to file a four-point appeal in November, seeking to reverse the ruling.

The defense argued that there is no legal basis for the Court to continue proceedings against Duterte, demanding an “immediate” and “unconditional” release of the then-president.

However, the Court retains jurisdiction over alleged crimes committed while the Philippines was still a State Party to the Rome Statute from 2011 to 2019, despite its subsequent withdrawal.

Furthermore, the Appeals Chamber rejected the defense's argument that the lower court wrongly used Article 127(2) of the Rome Statute as a special rule to bypass standard jurisdictional requirements in Articles 12(2) and 13(c).

Under the Rome Statute, the ICC retains jurisdiction over all alleged crimes that occurred while the Philippines was a State Party from November 1, 2011 to March 16, 2019, because the investigation was initiated proprio motu (on his own accord) by the ICC Prosecutor before the withdrawal took effect on March 17, 2019.

“The Appeals Chamber finds no error in the Pre-Trial Chamber's interpretation of Article 12.2, as requiring that the relevant state be party to the statute at the time the court exercises its jurisdiction,” Presiding Judge Luz del Carmen Ibáñez Carranza said.

Duterte’s camp has twice challenged the ICC’s jurisdiction, but both attempts were rejected, and his petition for interim release was also denied.

The ruling clears the path for the PTC-I to finalize its review of the crimes against humanity case, determining if there is sufficient evidence to try Duterte.

By late April, the Court is expected to decide the confirmation of charges against Duterte, which sets the stage for his next legal battle.

Duterte skipped the hearing again as he  waived his right to be present and left his legal team to represent him.

Article: JL Estrella Pablico

Graphics: Jan Mike Cabangin