MANILA, Philippines — The Appeals Chamber of the International Criminal Court (ICC) has dismissed all four grounds of appeal raised by former president Rodrigo Duterte’s defense, effectively upholding the tribunal’s ruling on its jurisdiction over the case despite the Philippines’ withdrawal from the Rome Statute.
With the unanimous rejection of the defense’s arguments, the five-judge panel confirmed that the Pre-Trial Chamber did not err in law when it found that ICC proceedings may continue in relation to alleged crimes committed while the Philippines was still a State Party to the treaty.
One judge issued a partial dissent on an earlier ground of appeal, but the majority position prevailed on all key issues raised by the defense.
As a result of the full dismissal of the appeal, the court also declared moot the defense request for Duterte’s immediate and unconditional release.
The ruling effectively leaves intact the Pre-Trial Chamber’s interpretation of Article 127 of the Rome Statute, which governs the legal effects of a state’s withdrawal from the ICC, including whether ongoing proceedings may continue after withdrawal takes effect.
In its judgment, the Appeals Chamber rejected the defense argument that the Statute’s object and purpose did not allow for investigations to proceed post-withdrawal. It found no error in the lower chamber’s reasoning that such interpretation is consistent with the treaty framework designed to balance state sovereignty with accountability for serious crimes.
The judges also dismissed claims that the Pre-Trial Chamber improperly relied on policy considerations or political context in its interpretation of the law, saying the analysis remained grounded in treaty interpretation principles under international law.
The ICC has been investigating Duterte’s anti-drug campaign, which is alleged to have resulted in thousands of killings between 2011 and 2019, spanning his tenure as mayor of Davao City and later as president.
With the Appeals Chamber’s decision, the case is now set to proceed within the ICC process following the confirmation that jurisdictional challenges have been conclusively rejected at the appellate level.
