Jamaine Punzalan

A protester holds a life-size cartboard cutouts of former Philippines' president Rodrigo Duterte during a demonstration in his support outside the International Criminal Court (ICC) in The Hague on February 23, 2026. Simon Wohlfahrt, AFP/File

Article (news)

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/1776823872255AFP__20260223__98MB8RA__v1__MidRes__NetherlandsPhilippinesIccPoliticsJusticeDemo.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">A protester holds a life-size cartboard cutouts of former Philippines&#x27; president Rodrigo Duterte during a demonstration in his support outside the International Criminal Court (ICC) in The Hague on February 23, 2026. Simon Wohlfahrt, AFP/File </span></span></span></div><p>THE HAGUE, Netherlands — The International Criminal Court (ICC) upheld its jurisdiction over the crimes against humanity case filed against former President Rodrigo Duterte after the tribunal’s Appeals Chamber on Wednesday junked petitions to halt proceedings against the Philippines’ 16th president.</p><p>In its April 22 decision, the Appeals Chamber ruled that while the Philippines withdrew from the Rome Statute in March 2019, preliminary examinations on the situation in the Philippines started in February 2018, a year before the Duterte administration sent a formal notice to pull back from the treaty governing the ICC.</p><p>A majority of the Appeals Chamber rejected all four grounds raised by the defense where it argued that the Pre-Trial Chamber had committed errors in law in ruling that the ICC has jurisdiction over the Duterte case.</p><p>Having rejected the appeal, it said the related request for Duterte&#x27;s immediate release is moot.</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/cOYOvM8UmYs?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span>The decision affirms the ICC Pre-Trial Chamber’s October 2025 ruling that the court has authority over the case, contrary to Duterte&#x27;s lead defense counsel Nicholas Kaufman’s assertions that the Philippines was no longer a part of the ICC when the Pre-Trial Chamber authorized the opening of an investigation in September 2021.</div><p>Under the Rome Statute’s Article 127, a country’s request to withdraw from the Rome Statute “shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.”</p><p>It also underscores that the withdrawal of any state “shall not affect any cooperation with the Court in connection with criminal investigations and proceedings… which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration.”</p><p>In its decision, the Appeals Chamber reiterated that the existence of jurisdiction is different from the exercise of jurisdiction, and states cannot evade its responsibilities under the Statute by simply withdrawing from it.</p><p>&quot;The Appeals Chamber observes that the provisions referred to must also be interpreted in light of the object and purpose of the Statute, which is to put an end to impunity for the perpetrators of the most serious crimes of concern to international community as a whole, and thus to contribute to the prevention of such crimes,&quot; it said.</p><p>&quot;It would be incompatible to this object and purpose to enable a state party to evade its responsibilities under the Statute by depositing a written notice of withdrawal once it discovers that alleged crimes committed on its territory or by its nationals are being examined by the Prosecution. At the same time, the state&#x27;s right to withdraw from the Statute would not be effective if the Court were able to exercise jurisdiction indefinitely despite the state no longer being a party,&quot; it added.</p><p>&quot;The present interpretation ensures an appropriate balance between the ability of states to effectively withdraw from the Statute and the responsibilities that states accept upon ratification of the Statute, while providing a clear timeline within which the determinations must be pursued,&quot; the Appeals Chamber also said.</p><div><br/></div><div><strong>DECISION ON CONFIRMATION OF CHARGES HEARING OUT SOON</strong></div><p>The Appeals Chamber — the highest division of the ICC — released its decision on Duterte’s jurisdiction challenge a few days ahead of the Pre-Trial Chamber I’s looming verdict on whether to proceed to a full trial. </p><p>Under Regulation 53 of the Regulations of the Court, the chamber is required to render its written decision within 60 days from the conclusion of the <a href="https://www.abs-cbn.com/news/nation/2026/2/23/icc-opens-duterte-confirmation-of-charges-hearings-1718">confirmation of charges hearing, </a>which ended on February 27.</p><p>Duterte is charged with three counts of crimes against humanity over his war on drugs as mayor of Davao City and then as president of the Philippines.</p><p>After years of challenging the ICC to come after him, Duterte was arrested in March 2025, and has since been detained in the Hague as the international tribunal tackles the cases filed against him.</p><p>The 81-year-old has refused to attend his confirmation of charges hearings as well as the Appeals Chamber’s proceedings as his camp maintains that these cases should be tried in the Philippines, where there is a fully functioning judicial system.</p><div><br/></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/eICekfnVXP4?&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/gMUHV-3gvao?&amp;t=9s&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>The International Criminal Court (ICC) upheld its jurisdiction over the crimes against humanity case filed against former President Rodrigo Duterte after the tribunal’s Appeals Chamber on Wednesday junked petitions to halt proceedings against the Philippines’ 16th president.</p>

The International Criminal Court (ICC) upheld its jurisdiction over the crimes against humanity case filed against former President Rodrigo Duterte after the tribunal’s Appeals Chamber on Wednesday junked petitions to halt proceedings against the Philippines’ 16th president.

ICC upholds jurisdiction over Duterte case

News

Entertainment

Lifestyle

Sports

Metro.Style

More

Sudoku

Word of the Day

Lotto

Horoscope

Nation

ICC upholds jurisdiction over Duterte case

Katrina Domingo,

ABS-CBN News

Published April 22, 2026 05:35 PM PHT

|

Updated April 22, 2026 09:32 PM PHT

Read More:

Rodrigo Duterte

ICC

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

Sign Up

I have read and agree to the Terms and Privacy Policy.

ABS-CBN is the leading media and entertainment company in the Philippines, offering quality content across TV, radio, digital, and film. Committed to public service and promoting Filipino values, ABS-CBN continues to inspire and connect audiences worldwide.

Corporate

Investors

Governance

International Distribution

Corporate

Governance

Investors

International Distribution

NPC Seal of Registration

Privacy Policy

AI Policy

Terms of Service

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.