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ICC Upholds Jurisdiction In Duterte Case
Photo credit: ICC
The International Criminal Court has affirmed it can proceed with its case against former president Rodrigo Duterte, rejecting an appeal that questioned the court’s authority over the matter.
In a decision released April 22, the ICC Appeals Chamber confirmed an earlier ruling by the Pre-Trial Chamber, stating that the court retains jurisdiction over alleged crimes committed in the Philippines while it was still a member of the Rome Statute.
The ruling covers the period from November 1, 2011 to March 16, 2019—years when the Philippines was still a State Party to the treaty before formally withdrawing.
The Appeals Chamber, voting by majority, dismissed the entire appeal filed by Duterte’s defense team. It upheld that under the Rome Statute, jurisdiction applies if a country was still a member at the time the alleged crimes were committed, even if it later withdraws.
Judges said this interpretation is necessary to preserve the core purpose of the ICC: ensuring accountability for serious international crimes. They stressed that allowing countries to avoid scrutiny simply by withdrawing from the treaty would undermine that goal.
At the same time, the chamber noted that its interpretation also respects a country’s right to leave the Rome Statute, drawing a clear line on when jurisdiction applies.
The case is tied to the ICC prosecutor’s investigation into alleged crimes against humanity linked to Duterte’s anti-drug campaign during his time in office. The probe has focused on thousands of deaths reported in police operations and vigilante-style killings.
The Philippines withdrew from the ICC in 2019 under Duterte’s administration, a move widely seen as an attempt to avoid international scrutiny. However, ICC judges have consistently ruled that the court still has authority over acts committed before the withdrawal took effect.
The Appeals Chamber that issued the ruling was composed of five judges, with proceedings held in open court. Duterte was not present during the session, having waived his right to attend, and was represented by his legal counsel.
With the jurisdiction issue settled, the case is expected to move forward within the ICC process, marking a significant step in one of the most closely watched international legal proceedings involving a former Philippine leader.
In a decision released April 22, the ICC Appeals Chamber confirmed an earlier ruling by the Pre-Trial Chamber, stating that the court retains jurisdiction over alleged crimes committed in the Philippines while it was still a member of the Rome Statute.
The ruling covers the period from November 1, 2011 to March 16, 2019—years when the Philippines was still a State Party to the treaty before formally withdrawing.
The Appeals Chamber, voting by majority, dismissed the entire appeal filed by Duterte’s defense team. It upheld that under the Rome Statute, jurisdiction applies if a country was still a member at the time the alleged crimes were committed, even if it later withdraws.
Judges said this interpretation is necessary to preserve the core purpose of the ICC: ensuring accountability for serious international crimes. They stressed that allowing countries to avoid scrutiny simply by withdrawing from the treaty would undermine that goal.
At the same time, the chamber noted that its interpretation also respects a country’s right to leave the Rome Statute, drawing a clear line on when jurisdiction applies.
The case is tied to the ICC prosecutor’s investigation into alleged crimes against humanity linked to Duterte’s anti-drug campaign during his time in office. The probe has focused on thousands of deaths reported in police operations and vigilante-style killings.
The Philippines withdrew from the ICC in 2019 under Duterte’s administration, a move widely seen as an attempt to avoid international scrutiny. However, ICC judges have consistently ruled that the court still has authority over acts committed before the withdrawal took effect.
The Appeals Chamber that issued the ruling was composed of five judges, with proceedings held in open court. Duterte was not present during the session, having waived his right to attend, and was represented by his legal counsel.
With the jurisdiction issue settled, the case is expected to move forward within the ICC process, marking a significant step in one of the most closely watched international legal proceedings involving a former Philippine leader.
Apr 22, 2026
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