ICC rejects Duterte plea to dismiss case over jurisdiction

During the Appeals Chamber ruling on Wednesday, April 22 (Manila time), the tribunal said it rejected Duterte’s plea, stating that it retains jurisdiction despite the Philippines’ withdrawal in 2019.

"Having rejected the entire appeal, the appeals chamber considers that the defense request for the immediate and unconditional release of Mr. Duterte is moot," Presiding Judge Luz del Carmen Ibáñez Carranza, reading the ruling, said. 

For the second ground, however, Judge Gocha Lordkipanidze partially dissented, according to Carranza. 

RELATED: Duterte asks ICC appeals chamber to waive his appearance on April 22

The camp of the detained former president challenged the court's jurisdiction, asserting that because the Philippines withdrew from the ICC two years before the investigation was launched, the tribunal no longer has authority over the former leader.

The Pre-Trial Chamber ruled against this claim in October 2025, maintaining that since the alleged crimes took place while the Philippines was a Rome Statute member, the court still holds jurisdiction.

The ICC’s confirmation of charges hearing in February examined three counts of crimes against humanity, covering 78 murders and attempted murders between 2011 and 2019. During these hearings, the former president waived his appearance.

It assessed whether Duterte masterminded the killings as an indirect co-perpetrator.

The ICC Appeals Chamber, the court’s highest division, issued its ruling on Duterte’s jurisdiction challenge ahead of the expected decision from Pre-Trial Chamber I on whether the case will proceed to full trial.

Under Regulation 53 of the Court’s rules, the chamber must issue a written decision within 60 days after the confirmation of charges hearing concludes, which ended on February 27.

Duterte sought to waive his appearance ahead of the April 22 ruling.