Lawyers representing victims of the Duterte administration’s deadly war on drugs have pressed the International Criminal Court (ICC) Appeals Chamber to retain jurisdiction over the case against former president Rodrigo Duterte, warning that allowing the defense challenge to succeed would undermine accountability for alleged crimes against humanity.

In a filing dated Jan. 16, the Office of the Public Counsel for Victims urged the Appeals Chamber to reject the defense appeal seeking to overturn an earlier ruling that affirmed the ICC’s authority despite the Philippines’ withdrawal from the Rome Statute.

The victims’ lawyers argued that ICC jurisdiction is determined by the Rome Statute itself and is not erased by a state’s subsequent exit from the treaty.

They stressed that the alleged killings linked to the anti-drug campaign were already under examination and investigation before the Philippines’ withdrawal took effect.

According to the submission, accepting the defense’s position would create a pathway for states to evade responsibility for serious international crimes simply by withdrawing from the Court.

The filing cited Article 127 of the Rome Statute, which provides that withdrawal does not affect proceedings or investigations that began while a state was still a party.

The victims’ lawyers maintained that once jurisdiction is properly triggered, it attaches to the Court and does not depend on the continued consent of a withdrawing state.

They also argued that the defense interpretation runs counter to the object and purpose of the Rome Statute, which is to ensure accountability for grave crimes when national systems are unwilling or unable to act.

The submission was filed in response to an order from the Appeals Chamber directing parties and participants to present further arguments on the legal effect of withdrawal from the ICC.

The defense has consistently challenged the Court’s authority, arguing that the Philippines’ withdrawal stripped the ICC of jurisdiction over the case.

The victims’ lawyers countered that such a reading would weaken the international justice system and erode protections for victims of mass atrocities.

The case arises from the ICC’s investigation into alleged crimes against humanity committed in the Philippines between 2011 and 2019, covering the period before and during Duterte’s presidency.

The ICC already has Duterte in custody in The Hague following his arrest for crimes against humanity in March 2025.

The Philippines withdrew from the ICC in 2019, but the tribunal has maintained that it retains jurisdiction over alleged crimes committed while the country was still a member.

The ICC investigation focuses on alleged abuses tied to the anti-drug campaign launched during the Duterte administration.