ICC Appeals Chamber Upholds Jurisdiction in Crimes Against Humanity Case Against Rodrigo Duterte

In its decision, the Chamber emphasized that the Rome Statute must be interpreted to fulfill its core purpose: putting an end to impunity for the world’s most serious crimes.

RMN News Legal Desk
New Delhi | April 24, 2026

THE HAGUE – On April 22, 2026, the Appeals Chamber of the International Criminal Court (ICC) confirmed that the Court maintains jurisdiction in the case of The Prosecutor v. Rodrigo Roa Duterte. The ruling, decided by a majority, rejected a legal challenge brought by the Defence and upheld a previous Pre-Trial Chamber decision from October 2025.

Jurisdictional Timeline Confirmed

The Appeals Chamber ruled that the ICC may exercise jurisdiction over alleged crimes against humanity committed on the territory of the Philippines between November 1, 2011, and March 16, 2019. This timeframe corresponds to the period when the Republic of the Philippines was a State Party to the Rome Statute.

While the Philippines officially deposited its notice of withdrawal from the Statute on March 17, 2018—with the withdrawal taking effect one year later—the Court maintained that it retains legal authority over events that occurred while the country was still a member.

Preventing “Impunity” Through Withdrawal

In its decision, the Chamber emphasized that the Rome Statute must be interpreted to fulfill its core purpose: putting an end to impunity for the world’s most serious crimes. The judges ruled that it would be “incompatible” with international law to allow a state to evade its responsibilities simply by withdrawing from the treaty once its actions come under the Prosecution’s scrutiny.

The ruling sought to strike a balance between a sovereign state’s right to withdraw and the legal obligations it accepts upon ratification. The Chamber noted that articles 12, 13, and 127 of the Statute, when read together, provide a clear timeline for jurisdiction that prevents a state from immediately escaping legal accountability for past actions.

Background of the Case

Mr. Duterte is suspected of the crimes against humanity of murder and attempted murder. These charges are linked to alleged widespread and systematic attacks against civilians during the Philippines’ “war on drugs” campaign.

Following an arrest warrant issued in early 2025, Mr. Duterte was surrendered to the ICC on March 12, 2025. While the judgment was delivered in open court by a panel of five judges, Mr. Duterte waived his right to be present and was represented by his Defence Counsel. The latest ruling follows a confirmation of charges hearing that took place in late February 2026.