ICC confirms jurisdiction in ex Philippine President Duterte case

The International Criminal Court (ICC) on Wednesday confirmed that it has jurisdiction over former Philippine President Rodrigo Duterte, allowing the case to proceed and rejecting the defense's request for his immediate and unconditional release, reported Xinhua.

The ICC said that, on Oct. 23, 2025, its pre-trial chamber rejected the defense's challenge to the court's jurisdiction in this case. On Oct. 28, the counsel for Duterte filed a Notice of Appeal against that decision and subsequently submitted an Appeal Brief on Jurisdiction on Nov. 14.

The defense argued that the ICC lacks jurisdiction over alleged crimes committed in the Philippines, on the grounds that the country is no longer a State Party to the Rome Statute, the Court's founding treaty.

It further contended that allowing the Court to exercise jurisdiction indefinitely after a State's withdrawal would undermine that State's sovereign right to exit the Statute.

The Appeals Chamber of ICC countered that the alleged crimes occurred while the Philippines was still a member of the ICC, and therefore fall within the Court's jurisdiction and rejected all four grounds of appeal raised by the defense, including arguments related to the application of law and procedural issues.

"Having rejected the entire appeal, the Appeal Chamber considers that the Defence's request for the immediate and unconditional release of Mr. Duterte is moot. " said Luz del Carmen Ibanez Carranza, the presiding judge of the Appeals Chamber.

Prosecutors, Duterte's defense and legal representatives of other parties were present in court, while the over-80-year-old Duterte was not present in the court.

Duterte served as president of the Philippines from 2016 to 2022. He was arrested and transferred to ICC custody in March 2025 under a warrant linked to his controversial anti-drug campaign, a move he has challenged. His initial appearance before ICC Pre-Trial Chamber I took place on March 14, 2025, and on Nov. 28, 2025, the court rejected an appeal seeking his release on grounds of age and declining health.