The International Criminal Court (ICC) has reaffirmed its jurisdiction over the case against Rodrigo Roa Duterte, the former President of the Philippines, a decision that marks a significant development in the matter of international law and accountability. On Wednesday, the Appeals Chamber confirmed its stance, aligning with a previous decision by the Pre-Trial Chamber from October 2025. This related to alleged crimes against humanity, particularly in connection with Duterte’s controversial “war on drugs” campaign, which reportedly led to thousands of deaths between November 1, 2011, and March 16, 2019. During this period, the Philippines was a party to the Rome Statute, thus subject to the ICC’s jurisdiction. For more detail, visit JURIST.
The crux of the ICC’s ruling hinges on Articles 12 and 13 of the Rome Statute, which necessitate that a state must be a party to the Statute at the time the court exercises its jurisdiction. Additionally, the interpretation of these articles in conjunction with Article 127(2) ensures that a state’s withdrawal does not impede the ICC’s ongoing investigations or proceedings initiated prior to the withdrawal’s effective date. This interpretation is central to upholding the Statute’s ultimate goal: to end impunity for severe crimes of international concern.
The ICC highlighted that allowing a state to withdraw and evade obligations when faced with potential investigation would contradict the Rome Statute’s aim. Consequently, the court emphasized a balanced interpretation that respects both a state’s right to withdraw and its responsibilities upon ratification.
Attempts by Duterte’s defense to challenge the ICC’s jurisdiction based on the Philippines’ withdrawal in 2018 were dismissed, reinforcing that jurisdiction was established while the country was still under the Statute. This decision follows the September 2025 ICC charges against Duterte for crimes against humanity, although a defense request citing his health delayed confirmation proceedings.
In January 2026, the ICC rejected claims regarding Duterte’s unfitness for trial, enabling pre-trial processes to continue. The confirmation of charges hearing concluded in late February 2026, with Duterte waiving his right to attend. A decision by the Pre-Trial Chamber on whether to advance to a formal trial is anticipated within a 60-day period post-hearing. The court’s insistence on maintaining jurisdiction underscores its commitment to international justice, despite political and legal complexities, as detailed further by Reuters.