Lawyers representing victims of the Duterte administration’s war on drugs have asked the International Criminal Court (ICC) Appeals Chamber to uphold its jurisdiction over the case against former President Rodrigo Duterte, warning that the defense challenge threatens accountability for alleged crimes against humanity.
In a January 16 filing, the Office of the Public Counsel for Victims urged the Appeals Chamber to reject the defense appeal that seeks to overturn an earlier ruling affirming ICC authority despite the Philippines’ 2019 withdrawal from the Rome Statute.
The victims’ lawyers argued that jurisdiction is rooted in the Statute itself and cannot be erased by a state’s exit. They stressed that alleged killings tied to the anti-drug campaign were already under investigation before the withdrawal took effect.
Accepting the defense’s position, they said, would allow states to evade responsibility for grave crimes simply by leaving the Court.
Citing Article 127 of the Rome Statute, the filing noted that withdrawal does not affect proceedings initiated while a country was still a member. The lawyers maintained that once jurisdiction is triggered, it attaches to the Court regardless of a state’s continued consent.
They further argued that the defense interpretation undermines the Statute’s purpose of ensuring accountability when national systems fail to act.
“This is to ensure accountability for grave crimes when national systems are unwilling or unable to act,” the submission emphasized.
The case stems from the ICC’s probe into alleged crimes against humanity in the Philippines between 2011 and 2019, covering Duterte’s presidency.
The ICC has maintained jurisdiction over these alleged abuses, with Duterte already in custody in The Hague following his March 2025 arrest.