The Appeals Chamber of the International Criminal Court (ICC) on Wednesday, April 22, confirmed that the Court has jurisdiction over the case of former President Rodrigo Roa Duterte, rejecting the defense appeal and affirming an earlier ruling by the Pre-Trial Chamber.
By majority decision, the five-judge panel upheld the October 23, 2025, ruling that the ICC retains authority to hear alleged crimes committed in the Philippines during the period when the country was still a state party to the Rome Statute—from November 1, 2011, to March 16, 2019.
The accused, Duterte, is suspected of crimes against humanity of murder and attempted murder under Article 7(1)(a) of the Rome Statute, allegedly linked to a widespread and systematic attack against civilians in the context of the government’s “war on drugs” campaign.
In its ruling, the Appeals Chamber clarified that Articles 12 and 13 of the Rome Statute must be interpreted together with Article 127, which governs withdrawal from the treaty. The judges emphasized that jurisdiction depends on whether the alleged crimes occurred while the state was still a party to the statute, not on when the court later exercises jurisdiction.
The Chamber stressed that the Rome Statute must be read “in a systemic manner and in line with its object and purpose,” namely to end impunity for the most serious crimes of concern to the international community. It further stated that allowing states to escape accountability by withdrawing after investigations begin would be incompatible with that purpose.
At the same time, the Court acknowledged that a state’s right to withdraw must remain meaningful and therefore affirmed a “clear timeline” limiting the Court’s jurisdiction to crimes committed during the period of membership.
The decision was delivered in open court by Presiding Judge Luz del Carmen Ibáñez Carranza, alongside Judges Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin. Duterte was not present in court, having waived his right to attend, and was represented by defense counsel.
The Philippines had been a state party to the Rome Statute since November 1, 2011, but deposited its notice of withdrawal on March 17, 2018. The withdrawal took effect on March 17, 2019. However, the ICC retains jurisdiction over alleged crimes committed while the Philippines remained a member.
A warrant of arrest against Duterte was issued under seal on March 7, 2025, and later made public on March 11, 2025. He surrendered to the ICC on March 12, 2025, made his initial appearance on March 14, 2025, and did not attend a confirmation of charges hearing held from February 23 to 27, 2026.
With the Appeals Chamber’s ruling, the case now proceeds under the ICC’s jurisdictional framework, marking a significant step in one of the Court’s most closely watched proceedings in recent years.
