ICC Appeals Chamber rejects Duterte’s appeal

In a majority decision, the Appeals Chamber rejected the appeal brought by his lawyer, saying the ICC has acquired jurisdiction over the Philippines when it was still a member from 2011 to 2019.

Screenshot from former President Rodrigo Duterte’s initial appearance before the International Criminal Court last March 15, 2025.

Manuel Mogato | April 23, 2026

THE HAGUE — The International Criminal Court (ICC) Appeals Chamber threw out the appeal of former Philippine President Rodrigo Duterte, questioning the ICC’s jurisdiction over the Philippines.

In a majority decision, the Appeals Chamber rejected the appeal brought by his lawyer, saying the ICC has acquired jurisdiction over the Philippines when it was still a member from 2011 to 2019. (Also read: ICC Appeals Chamber rejects Duterte’s appeal for interim release)

The Appeals Chamber also observed that the Rome Statute “must be interpreted in a systemic manner and in line with the object and purpose of the Statute, which is to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole.”

“It ruled that it would be incompatible with this object and purpose to enable a State Party to evade its responsibilities under the Statute by depositing a written notice of withdrawal once it discovers that alleged crimes committed on its territory or by its nationals are being examined by the Prosecution,” the Appeals Chamber said in a statement.

Duterte is the first Asian former leader to face crimes against humanity before the ICC.

He is suspected of the crimes against humanity of murder and attempted murder, allegedly committed as part of a widespread and systematic attack against the Philippines’ population in the context of the “war on drugs” campaign. (Also read: Unmasking Rodrigo Duterte and his Communist Chinese Connection)

The Appeals Chamber’s rejection means Duterte will remain detained at the ICC while awaiting another decision whether to proceed to trial or not.

The ICC Pre-Trial Chamber has rejected Duterte’s appeal in October last year. His lawyers appealed the decision.

The Pre-Trial Chamber has decided the Court may exercise jurisdiction in the Duterte case over the alleged crimes that were committed on the territory of the Republic of the Philippines while it was a State Party to the Rome Statute.

The five-member Appeals Chamber delivered its decision in open Court this week. Duterte was not present in the courtroom as he has waived his right to be present, and was represented by his lawyers.