The Appeals Chamber of the International Criminal Court (ICC) has ordered additional legal submissions in the appeal of former president Rodrigo Roa Duterte, saying further clarification is needed on unresolved legal questions concerning the court’s jurisdiction after an earlier ruling rejected his challenge.
In a order dated December 16, the Appeals Chamber said it would invite further observations from the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV) before ruling on Duterte’s appeal against an earlier decision that upheld the court’s jurisdiction, setting a deadline of 16 January 2026.
“In the instant case, the Appeals Chamber, acting proprio motu… considers it necessary for the proper disposal of the Appeal for the parties and participants to address specific issues which have not been fully developed in the Impugned Decision and in the submissions presented before the Appeals Chamber thus far,” the judges wrote.
The chamber added that the additional filings were required because certain legal questions had not been sufficiently addressed in earlier submissions or in the challenged decision, while stressing “the need to ensure that the present proceedings are conducted expeditiously.”
Duterte’s defense team may file a response by 23 January 2026, with submissions limited to 10 pages.
The appeal challenges a 23 October 2025 decision of Pre-Trial Chamber I, which rejected Duterte’s argument that the ICC lacks jurisdiction because the Philippines withdrew from the Rome Statute in 2019. Prosecutors maintain that the court retains jurisdiction over alleged crimes committed while the country was still a member state.
In their order, the appeals judges identified two key legal questions requiring further analysis. First, they asked, “How should articles 12(2) and 13(c) of the Statute be understood within the Court’s legal framework on jurisdiction?”
Second, the chamber requested clarification on the interaction between multiple provisions of the Rome Statute.
Article 127 governs the withdrawal of states from the ICC and has become central to Duterte’s challenge, as his alleged crimes relate to killings linked to the Philippines’ anti-drug campaign while the country was still an ICC member.
The Appeals Chamber also rejected a procedural request from the defense, ruling that
“The Defence request for leave to reply to the Deputy Prosecutor’s response to its appeal brief is rejected," the order stated.
Duterte was surrendered to the ICC on March 12, 2025, following the issuance of a warrant of arrest by Pre-Trial Chamber I on March 7.
In a separate ruling on November 28, the Appeals Chamber unanimously denied Duterte’s request for interim release.
Earlier, on September 8, 2025, the court postponed the confirmation of charges hearing to allow time to assess a defense request questioning Duterte’s fitness to stand trial.
