ICC upholds jurisdiction in Duterte case; appeals denied
The Appeals Chamber of the International Criminal Court (ICC) has upheld the Court’s jurisdiction over the case against former president Rodrigo Duterte, denying the defense’s appeal.
The ruling, delivered on Wednesday, April 22, affirms the Oct. 23, 2025, decision of Pre-Trial Chamber I, which rejected Duterte’s challenge to the ICC’s authority to hear the case.
In rejecting all four grounds of Duterte’s appeal, the Appeals Chamber, led by Presiding Judge Luz del Carmen Ibáñez Carranza, said it found no reversible error in the earlier decision, allowing proceedings to move forward.
The Chamber added that the defense failed to prove how the Pre-Trial Chamber I erred in deciding on the court’s jurisdiction over Duterte’s case.
“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,” she added.
Jurisdiction challenge rejected
Duterte’s legal team had argued that the ICC no longer has jurisdiction over alleged crimes committed in the Philippines following the country’s withdrawal from the Rome Statute in 2019.
However, the Court maintained that it retains jurisdiction over alleged crimes committed while the Philippines was still a State Party.
The Appeals Chamber sustained this position, effectively clearing a major legal hurdle in the case.
The Appeals Chamber in this appeal is composed of Presiding Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin.
Duterte is not present in the courtroom as he has waived his right to be present, and is represented by his defense team led by Nicholas Kaufman.
Charges to proceed
Duterte is accused of crimes against humanity, particularly murder and attempted murder, allegedly committed between Nov. 1, 2011, and March 16, 2019.
Prosecutors claim these acts were part of a “widespread and systematic attack” linked to the government’s anti-drug campaign.
With the jurisdiction issue settled, the case is expected to proceed to the next stage following the February 2026 confirmation of charges hearing.
Case background
The ICC issued a warrant of arrest against Duterte on March 7, 2025, initially classified as secret and later made public on March 11.
He was surrendered to ICC custody on March 12, 2025, and made his initial appearance before the Court on March 14.
Next steps
The Appeals Chamber’s ruling allows the ICC to continue exercising jurisdiction over the case, including deliberations on whether to confirm the charges and proceed to trial.
The decision was delivered in open court and streamed live on the ICC’s official website.