The Appeals Chamber of the International Criminal Court (ICC) has denied the appeal filed by former president Rodrigo Duterte, upholding an earlier ruling that affirmed the court’s jurisdiction over his case.
In its decision, the chamber rejected all four grounds raised by the defense and declared moot Duterte’s request for his immediate and unconditional release.
“The Appeals Chamber, by majority… has rejected all four grounds of appeal,” the chamber said, confirming the earlier ruling of the Pre-Trial Chamber.
Presiding Judge Luz del Carmen Ibáñez Carranza said the court found no legal error in the conclusion that the ICC retained jurisdiction despite the Philippines’ withdrawal from the Rome Statute. She emphasized that a state’s withdrawal would be ineffective if the court could not exercise jurisdiction over cases already under consideration.
The chamber also dismissed the defense’s argument that a preliminary examination does not qualify as a matter under the court’s consideration. It noted that the ICC prosecutor had initiated and publicly announced the preliminary examination before the Philippines’ withdrawal and had taken procedural steps, including seeking authorization for a full investigation.
Another argument rejected was the claim that the term “court” under Article 127(2) excludes the Office of the Prosecutor. The chamber said the Pre-Trial Chamber correctly interpreted the term within the broader context of the statute.
The appeals judges further ruled that continuing the preliminary examination beyond the one-year withdrawal period was consistent with the Rome Statute’s objective of ending impunity while balancing a state’s right to withdraw.
The Appeals Chamber was composed of Carranza, Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin. Lordkipanidze issued a partial dissent, arguing that a preliminary examination should not be considered a matter under the court’s jurisdiction unless a formal investigation has been authorized.
Duterte did not attend the hearing after waiving his appearance and was represented by his legal team, including Nicholas Kaufman and Dov Jacobs. Kaufman said the defense was not surprised by the ruling and criticized the decision for failing to clarify when a preliminary examination becomes a matter before the court.
The case stems from allegations of crimes against humanity linked to Duterte’s anti-drug campaign during his presidency. The Philippines withdrew from the Rome Statute in 2019, but the ICC has maintained that it retains jurisdiction over alleged crimes committed while the country was still a member.
The Pre-Trial Chamber has concluded hearings on the confirmation of charges and is now deliberating whether to proceed to trial, dismiss the case, or order further investigation.
