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Mr Rodrigo Roa Duterte’s initial appearance took place on Friday, 14 March 2025, at 14:00 hours (The Hague local time), before Pre-Trial Chamber I of the International Criminal Court ("ICC" or "Court").

Article (news)

Initial appearance of Mr Rodrigo Roa Duterte

Zen Hernandez

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/177667383912420250314-duterte-pre-trial-chamber-ICC-2.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Rodrigo Roa Duterte’s initial appearance took place on Friday, 14 March 2025, at 14:00 hours, before Pre-Trial Chamber I of the International Criminal Court. <em>Handout</em></span></span></span></div><p>MANILA — Victims of extrajudicial killings (EJKs) and their legal counsel are standing firm that the International Criminal Court retains jurisdiction over former president Rodrigo Duterte, as the court’s Appeals Chamber prepares to rule on the defense’s final pending challenge.</p><p>At a press conference, human rights lawyer Neri Colmenares laid out two main legal grounds why the ICC can proceed with its investigation and possible trial, despite the Philippines’ withdrawal from the Rome Statute in 2019.</p><p>First, Colmenares cited Article 127 of the Rome Statute, which states that a country’s withdrawal does not extinguish obligations or ongoing proceedings initiated while it was still a member.</p><p>“The ICC Prosecutor has announced a preliminary examination on 2018. That is why President Duterte ordered the withdrawal of the Philippines after the Prosecutor has announced preliminary examination. And the effectivity of the withdrawal is only in 2019,” he said.</p><p>Second, he invoked the doctrine of forum prorogatum, arguing that the Philippine government effectively accepted ICC jurisdiction through its own actions even after withdrawal.</p><p>“The Philippines has accepted the jurisdiction of the ICC by conduct,” Colmenares said, pointing to government submissions in 2021 and 2022 asking the court to defer its investigation and opposing its resumption.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/4/20/drug-war-victims-camp-hopeful-icc-will-keep-jurisdiction-over-duterte-case-but-ready-for-plan-b-0932">Drug war victims’ camp hopeful ICC will keep jurisdiction over Duterte case but ready for Plan B</a></div><p>He emphasized that by engaging with the court and seeking relief, the government implicitly recognized its authority.</p><p>“The fact that the Philippines… said we have the first responsibility to investigate and prosecute means that the Philippines agrees that if it fails… then the ICC has jurisdiction,” he added.</p><p>Colmenares also warned of broader implications should the Appeals Chamber rule in Duterte’s favor, saying it could encourage other leaders facing scrutiny to evade accountability.</p><p>“Otherwise, pagbaligtarin mo &#x27;yon, at mananalo ang argumento ni President Duterte ang mensahe ay kahit sinong diktator na nag-announce na ang ICC prosecutor na ay may preliminary examination na kami sa mga krimen diyan, ay magwi-withdraw lang,&quot; he said.</p><p>&quot;Parang ine-encourage pa ngayon natin ang mga diktador at human rights violators na mag-withdraw sa ICC at hindi yon ang tamang mensahe ng ICC,” he added, stressing that the ICC’s fundamental purpose is to ensure a ccountability for crimes committed while a state is still a party to the treaty.</p><div><br/></div><div><strong>&#x27;MAG-AAPELA KAMI&#x27;</strong></div><p>For victims’ families, the pending ruling carries deep emotional weight, but not the end of their fight.</p><p>“Kaya naman siya nag-withdraw…tinatakasan niya ang kanyang responsibilidad,” said Llore Pasco, whose two children were killed during the drug war.</p><p>She said they turned to the ICC because of the absence of meaningful investigations in the Philippines.</p><p>“Basta na lang, pinaslang nang pinaslang ang aming mga mahal sa buhay na parang na lang mga hayop, na wala namang imbestigasyon,” she added.</p><p>Even if the Appeals Chamber rules against them, Pasco said their campaign will continue.</p><p>“Kung halimbawa, hindi papabor sa amin ang ICC, hindi po kami titigil doon…mag-aapela kami,” she said.</p><p>Another victim’s wife echoed the uncertainty surrounding the upcoming decision but stressed their resolve.</p><p>“Nakahanda po kaming mga pamilya…pero malakas po ang aming pananalig,” she said, adding that nothing has changed in their pursuit of justice over the past decade.</p><div><br/></div><div><strong>KAUFMAN: ICC CASE POLITICALLY MOTIVATED</strong></div><p>For the defense, however, the central argument remains unchanged: that the ICC no longer has authority over the Philippines following its withdrawal.</p><p>In a statement, Duterte’s lead counsel Nicholas Kaufman reiterated that the case itself is politically driven.</p><p>“So long as he can waive attendance and there is no order to the contrary, former President Rodrigo Duterte will not attend hearings in an ICC case which was facilitated last year by President Ferdinand Marcos Jr in an abrupt volte face generated by pure political expediency. President Marcos might claim, as he did at the time, that his hand was forced by Interpol obligations but not one person in the Philippines should believe that,” Kaufman said.</p><div><a class="fr-green fr-strong" 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<br/></a></div><p>He also pointed out that the Philippine government itself had earlier challenged the court’s jurisdiction.</p><p>“Whatever the outcome of former President Duterte’s current appeal may be, the people should not forget that it was the very same President Marcos, represented by former Solicitor General Menardo Guevarra who signed and filed an appeal in March 2023 arguing that the ICC totally lacked jurisdiction over the so-called war on drugs,” he added.</p><p>But Colmenares reminded that the jurisdiction was only raised in 2023, or 4 years after the effectivity of the country’s withdrawal from the Rome Statute.</p><p>“The Philippine state has accepted the jurisdiction of the ICC by conduct long after its withdrawal in 2019. This is a doctrine under international law where you can claim jurisdiction at the earliest opportunity. The Philippines did not claim or argued jurisdiction at the earliest opportunity as provided under Article 19 of the Rome Statute but only claimed jurisdiction in 2023, after it failed to convince the court to defer the investigation,” he explained.</p><div><br/></div><div><strong>&#x27;VERY CONFIDENT&#x27;</strong></div><p>The Appeals Chamber’s upcoming decision will determine whether the ICC can proceed with its case against Duterte, potentially clearing the way for confirmation of charges and trial proceedings.</p><p>Colmenares expressed confidence in the outcome.</p><p>“We’re still very confident that the ICC will rule in favor of justice and rule in favor of accountability,” he said.</p><p>For victims, however, the fight extends beyond any single ruling.</p><p>“Hindi lang ito laban ng mga Pilipino… laban na din ito ng mga biktima ng atrocity crimes sa buong mundo,” Colmenares said.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><strong><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/_5QVyzXwB-g?&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/PVcDBGmIyXM?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>Victims of extrajudicial killings and their legal counsel are standing firm that the International Criminal Court retains jurisdiction over former president Rodrigo Duterte, as the court’s Appeals Chamber prepares to rule on the defense’s final pending challenge.</p>

Victims of extrajudicial killings and their legal counsel are standing firm that the International Criminal Court retains jurisdiction over former president Rodrigo Duterte, as the court’s Appeals Chamber prepares to rule on the defense’s final pending challenge.

Final hurdle: ICC set to rule on Duterte jurisdiction challenge

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Final hurdle: ICC set to rule on Duterte jurisdiction challenge

Zen Hernandez,

ABS-CBN News

Published April 20, 2026 05:01 PM PHT

Read More:

Rodrigo Duterte

Nicholas Kaufman

ICC

Pre-Trial Chamber

Appeals Chamber

War on Drugs

Crimes Against Humanity

Tokhang

EJK

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