Manila, Philippines — March of last year when former President Rodrigo Duterte was arrested and detained in The Hague, Netherlands through the arrest warrant issued by the International Criminal Court (ICC) over crimes against humanity charges linked with the alleged extra judicial killings that occurred under his administration’s war on drugs campaign.
Two months after his initial appearance to the Pre-Trial Chamber I, the defense filed a challenge to jurisdiction—questioning whether the ICC still has jurisdiction over Philippine matters despite its withdrawal from the Rome Statute in 2019.
The Defense likewise appealed for the dropping of the proceedings, as well as the immediate release of Duterte from detention.
In October 2025, the Pre-Trial Chamber I rejected the challenge, maintaining that ICC still has jurisdiction over Duterte’s case despite the Philippines’ earlier withdrawal.
In their decision, the Pre-Trial Chamber I said that it respects the validity of the withdrawal, before a proper investigation in the Philippines was initiated in 2021.
The Court, however, emphasized that ICC still has jurisdiction over the alleged crimes that were committed during the time that the Party was still a member—in the Philippines’ case, 2018.
Following this, the Defense immediately filed for a Notice of Appeal. bringing the appeal before the ICC Appeals Chamber.
Based on the Defense’s Appeal Brief, the ICC Pre-Trial Chamber I erred in law when it considered Rome Statute’s Article 127 as lex specialis, or the governing law among others.
Article 127 stated that a Party remains obligated to cooperate with the Rome Statute in its criminal investigation despite withdrawal.
The Defense also cited three more grounds of appeal.
In its latest decision dated April 22, 2026, the Appeals Chamber rejected all the grounds cited by the Defense.
The first ground was unanimously rejected, while the remaining three were rejected by the majority—hence upholding the original decision of the Pre-Trial Chamber I that Duterte’s case remain under ICC’s jurisdiction.
Meanwhile, results on the confirmation of charges hearing in February have not been released yet.
Duterte’s legal defense team said that they somehow anticipated the decision regarding their appeal.
Atty. Nicholas Kaufman said that he has advised Duterte to not build his hopes that the decision will be in their favor.
Kaufman described Duterte as a “big catch” for ICC, and that he had gguts that the Court will not easily release his client.
Presently, Kaufman said that they are now preparing for the results of the confirmation hearing, expressing hope that the evidence and witnesses they presented will be the way towards Duterte’s release and dropping of his cases.—Mia Layaguin, Eurotv News