On 22 April 2026, the Appeals Chamber of the International Criminal Court ("ICC" or "the Court") confirmed the Court's jurisdiction in the case of The Prosecutor v. Rodrigo Roa Duterte. The Appeals Chamber, by majority, rejected the appeal brought by the Defence and confirmed Pre-Trial Chamber I's decision of 23 October 2025.
On 23 October 2025, the Pre-Trial Chamber found that 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, i.e. from 1 November 2011 to 16 March 2019.
Today, the Appeals Chamber, by majority, rejected the entire appeal brought by the Defence.
In particular, the Chamber confirmed that articles 12 and 13 of the Rome Statute require that the relevant State be a Party to the Statute at the time the Court exercises its jurisdiction and these provisions should be read together with article 127, which establishes when the withdrawal takes effect and the jurisdictional regime applicable in these circumstances.
The Appeals Chamber 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. At the same time, a State's right to withdraw from the Statute would not be effective if the Court were able to exercise jurisdiction indefinitely despite the State no longer being a Party. The Appeals Chamber's interpretation ensures an appropriate balance between the ability of States to effectively withdraw from the Statute and the responsibilities that States accept upon ratification of the Statute, whilst providing a clear timeline within which a preliminary examination must be pursued.
The Appeals Chamber in this appeal is composed of Presiding Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin. The judgment was delivered in open Court, Mr Duterte was not present in the courtroom as he has waived his right to be present, and was represented by his Defence Counsel.
Background: The Philippines, State party to the Rome Statute since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. While the Philippines' withdrawal from the Statute took effect on 17 March 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019.
Mr Duterte is suspected of the crimes against humanity of murder and attempted murder, pursuant to article 7(1)(a) of the Statute, allegedly committed as part of a widespread and systematic attack against a civilian population on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019 in the context of the "war on drugs" campaign. Following a request of the ICC Office of the Prosecutor, the warrant of arrest against Mr Duterte was issued by Pre-Trial Chamber I as "Secret" on 7 March 2025 and reclassified as "Public" on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the ICC. The initial appearance of Mr Duterte took place on 14 March 2025. The confirmation of charges hearing took place from 23 to 27 February 2026.
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