ICC Denies Duterte's Jurisdiction Appeal, Advances Potential Trial

The appeals chamber of the International Criminal Court (ICC) denied an appeal by former Philippine President Rodrigo Duterte on jurisdiction issues related to allegations of extrajudicial killings in the Philippines. The decision was announced on April 22, 2026, and upholds the court's jurisdiction over the case.

This ruling addresses claims of crimes against humanity. The appeals chamber voted on multiple issues, with unanimous decisions on some and a single dissenting vote on another. The dissenting judge was Gocha Lordkipanidze of Georgia, who also dissented in a 2023 ruling.

The denial followed a hearing where victims' representatives were present.

The confirmation hearing occurred on February 27, 2026, with a 60-day period ending on April 28. The prosecution presented evidence for three counts of crimes against humanity involving murder, covering 78 victims. The pre-trial chamber may confirm some or all charges, leading to a trial; confirm none, potentially ending the case; or require additional evidence from the prosecution.

A separate appeal on procedural fairness related to Duterte's health was denied on March 6, 2026.

team argued that the Philippines' withdrawal from the ICC in March 2018, effective March 2019, removed jurisdiction. The withdrawal followed the start of a preliminary examination by former prosecutor Fatou Bensouda. Article 127 of the Rome Statute states that ongoing matters are unaffected by withdrawal.

In July 2023, the appeals chamber allowed the investigation to continue. The investigation began in 2021. In October 2025, the pre-trial chamber rejected a jurisdictional challenge, anchoring jurisdiction to the time crimes were allegedly committed while the Philippines was a member.

Duterte's lawyers, Nicholas Kaufman and Dov Jacobs, revived the jurisdiction argument based on Article 12(2) of the Rome Statute. The appeals chamber's decision on April 22, 2026, is final.