Jamaine Punzalan

Kin of extrajudicial killing (EJK) victims and human rights advocates post “wanted” posters of former President Rodrigo Duterte and his alleged co-perpetrators at the Freedom Wall along Katipunan Avenue in Quezon City on Wednesday, March 11, 2026. The move marks the first anniversary of Duterte’s arrest and detention by the International Criminal Court (ICC).  Maria Tan, ABS-CBN News

Article (news)

1st YEAR DUTERTE ARREST

Katrina Domingo

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177664798524120260311-ejk-protest-duterte-arrest-1st-year-MT3.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Kin of extrajudicial killing (EJK) victims and human rights advocates post “wanted” posters of former President Rodrigo Duterte and his alleged co-perpetrators at the Freedom Wall along Katipunan Avenue in Quezon City on Wednesday, March 11, 2026. The move marks the first anniversary of Duterte’s arrest and detention by the International Criminal Court (ICC).  Maria Tan, ABS-CBN News</span></span></span></div><p>MANILA — The camp of drug war victims remain hopeful that the International Criminal Court Court’s (ICC) Appeals Chamber will uphold its jurisdiction over former President Rodrigo Duterte’s case in the<a href="https://www.abs-cbn.com/news/nation/2026/4/2/icc-appeals-chamber-to-issue-decision-on-duterte-jurisdiction-on-april-22-2024"> “historic” session on April 22</a>, but one of their lawyers said that an alternative plan was being considered should their expectations fall through.</p><p>This week, the ICC’s Appeals Chamber will announce a landmark decision that will define when the international tribunal takes cognizance and jurisdiction of a case after Duterte’s legal team questioned if the judicial body had sufficient authority to tackle the crimes against humanity charges filed against the Philippines’ 16th president.</p><p>The Appeals Chamber will decide if proceedings began during the preliminary examination phase that started in February 2018 — a month before Duterte withdrew the country from the Rome Statute — or if it started on September 15, 2021, when the court ordered an official investigation into the allegedly government-sanctioned killing sprees in the Philippines.</p><p>“If there are loopholes, definitely, there are safeguards,” Gilbert Andres, one of the Common Legal Representative for Victims, told ANC’s Headstart. </p><p>“Ang isang clear purpose at objective ng Rome Statute at ng ICC ay para po i-prevent yung impunity against international crimes kaya sa tingin po namin malakas yung mga safeguards against the adverse effects of withdrawal at hindi siya mabilis makakaalis sa jurisdiction ng ICC,” he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/4/14/duterte-seeks-to-waive-appearance-at-april-22-decision-on-jurisdiction-challenge-1619">Duterte seeks to waive appearance at April 22 decision on jurisdiction challenge</a></div><p>Andres noted that one of the peculiarities of Duterte’s case is “the responsible person who withdrew [the Philippines] from the ICC Rome Statute is now a suspect for a charge of crimes against humanity of murder.”</p><p>“Wala pang ruling ever ang ICC with respect to jurisdiction in a withdrawal so magiging first time ito. This is a case of first impression,” the lawyer said.</p><p>“Napakahalaga siya kasi una, dedesisyunan kung ano ba ang epekto ng withdrawal. Basta-basta na lang bang makaka-withdraw ang state party kung ayaw niya sa imbestigasyon ng ICC at yun na? Katapusan na ba yun?” he said.</p><p>“I think isasaalang-alang din yan ng Appeals Chamber and we really hope on the part of the victims that the ICC Appeals Chamber will confirm jurisdiction so that truth and justice prevail for the victims.”</p><div><a href="https://www.abs-cbn.com/news/nation/2026/4/7/majority-backs-duterte-icc-trial-but-split-on-court-s-trustworthiness-poll-1523">Majority backs Duterte ICC trial but split on court&#x27;s trustworthiness—WR Numero poll</a></div><div><br/></div><div><strong>‘UNIVERSAL JURISDICTION’</strong></div><div><br/></div><p>Despite this optimism, the victims’ panel remains cautious, saying that they already have alternative remedies in mind should the tribunal decide that they have no jurisdiction over the case of the first Asian leader brought before the ICC.</p><p>“Mayroong pong ibang mga bansa sa mundo na mayroon silang nire-reiterate na universal jurisdiction over crimes against humanity saan man po ito nangyari,” Andres said.</p><p>“Pwede po yan maging remedyo pero I want to reiterate na ayoko pangunahan yung appeals chamber sa kaniyang decision,” he said.</p><p>Under the concept of universal jurisdiction, foreign states may “assume jurisdiction on the basis of the seriousness of the offense that it is universally condemned despite the fact that it has no relation by virtue of territoriality or nationality of the alleged offender or even the victims,” said international law expert Ralph Sarmiento.</p><p>While the principle covers crimes against humanity, there are several technicalities that must be hurdled before this can be applied to Duterte’s case, Sarmiento said.</p><p>“It is a prerogative of the state whether it will assume jurisdiction over a particular case,” he told ABS-CBN News.</p><p>“‘Yung isang question pa doon is will the state acquire jurisdiction over the person of the accused? Kasi you cannot try a person without the person being present to defend himself,” he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/2/27/duterte-rejection-of-icc-jurisdiction-cited-as-ground-for-continued-detention-2333">Duterte rejection of ICC jurisdiction cited as ground for continued detention</a></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/cmlg9oTnSDI?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><br/></div><div><strong>‘SHOOT TO THE MOON’</strong></div><div><br/></div><p>Meanwhile, the defense panel is also expected to face challenges in convincing the Appeals Chamber that the ICC has no jurisdiction over the former President’s case, Sarmiento said.</p><p>In March 2023, the Appeals Chamber junked the Philippines’ request to halt drug war investigations despite the country’s claim that it has a working judicial system and agencies that have also been looking into human rights abuses during the Duterte administration’s nationwide crackdown on illegal drugs.</p><p>“So technically… medyo it’s a shoot to the moon na magsasabi sila ngayon na they have no jurisdiction, the fact that the Appeals Chamber itself allowed the continuance of the investigation into the Philippine situation,” Sarmiento said.</p><p>“For the defense to win the jurisdiction issue, medyo mabigat on the part of the defense, but we trust that the ICC will decide based on the evidence, and based on the proper interpretation of the Rome Statute of the International Criminal Court.”</p><p>The reading of the ICC’s landmark decision on April 22 is crucial not just for the Philippines, but for the tribunal itself, the law expert said.</p><p>“In every case being handled by the International Criminal Court, its integrity and usefulness as a court is also under trial,” he said.</p><p>“I’m sure the State Parties are really looking upon this case for lessons and for impact and for its effect on the future of the rule of law in their respective jurisdiction,” he said.</p><p>“I’m sure they will also be monitoring the result of this case in order to evaluate yung kanilang continued membership or being a party to the Rome Statute.”</p><p>The proceedings will start at 11 a.m., Hague time or 5 p.m. in the Philippines.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/XIeQM1TfUJA?&amp;pp=0gcJCdMKAYcqIYzv&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/w9xZxZcoWss?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>The camp of drug war victims remain hopeful that the ICC Appeals Chamber will uphold its jurisdiction over ex-President Rodrigo Duterte’s case in the “historic” session on April 22, but one of their lawyers said that an alternative plan was being considered should their expectations fall through.</p>

The camp of drug war victims remain hopeful that the ICC Appeals Chamber will uphold its jurisdiction over ex-President Rodrigo Duterte’s case in the “historic” session on April 22, but one of their lawyers said that an alternative plan was being considered should their expectations fall through.

Drug war victims’ camp hopeful ICC will keep jurisdiction over Duterte case but ready for Plan B

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Drug war victims’ camp hopeful ICC will keep jurisdiction over Duterte case but ready for Plan B

Katrina Domingo,

ABS-CBN News

Published April 20, 2026 09:32 AM PHT

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Updated April 20, 2026 11:19 AM PHT

Read More:

Rodrigo Duterte

ICC

International Criminal Court

crimes against humanity

ICC Appeals Chamber

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