The International Criminal Court (ICC) Appeals Chamber has officially cleared a significant legal hurdle in the proceedings against former Philippine President Rodrigo Duterte, affirming the Court’s jurisdiction to hear the case.
In a landmark ruling delivered on Wednesday, April 22, the Appeals Chamber denied a defense challenge seeking to block the ICC’s authority.
The decision upholds the October 23, 2025, ruling by Pre-Trial Chamber I, which originally rejected Duterte’s claims that the Court lacked the mandate to prosecute him.
Ruling on Jurisdiction
Presiding Judge Luz del Carmen Ibáñez Carranza, leading a five-judge panel, stated that the defense failed to demonstrate any reversible error in the lower court’s previous assessment. The Chamber rejected all four grounds of appeal presented by Duterte’s legal team.
As a direct result of the ruling, the Chamber dismissed the defense’s motion for the former president’s freedom.
“Having rejected the entire appeal, the Appeals chamber considers that the Defense request for the immediate and unconditional release of Mr. Duterte is moot,” the Presiding Judge said. “The Appeals Chamber by majority confirms the impugned decision.”
Legal Background and Allegations
The core of the defense’s argument rested on the Philippines’ 2019 withdrawal from the Rome Statute, the treaty that established the ICC.
Atty. Nicholas Kaufman and his team argued that this withdrawal effectively ended the Court’s reach over the country. However, the ICC has consistently maintained that it retains jurisdiction over any alleged crimes committed while the Philippines was still a State Party.
Duterte, who waived his right to be present in the courtroom, faces allegations of crimes against humanity—specifically murder and attempted murder.
Prosecutors allege these acts occurred between November 1, 2011, and March 16, 2019, as part of a “widespread and systematic attack” linked to the Philippine government’s intensive anti-drug campaign.
Next Steps
The panel of judges presiding over the appeal included Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin.
With the question of jurisdiction now settled, the case is poised to transition to its next phase. Following the confirmation of charges hearing held in February 2026, the legal process is expected to move toward a full trial.