Duterte Appeals ICC Jurisdiction Ruling, Demands Immediate Release

THE HAGUE, Netherlands—Former Philippine President Rodrigo Roa Duterte has formally challenged the International Criminal Court's (ICC) authority to prosecute him, filing a Notice of Appeal that seeks to overturn a critical pre-trial ruling affirming the court’s jurisdiction over his alleged crimes against humanity.

The appeal, lodged by Mr. Duterte’s legal team on 28 October, targets the 23 October decision by Pre-Trial Chamber I (PTC I), which rejected the Defence's argument that the ICC lost jurisdiction when the Philippines withdrew from the Rome Statute in 2019. The Defence is now asking the Appeals Chamber to declare that "there exists no legal basis for the continuation" of proceedings and to order Mr. Duterte’s "immediate and unconditional release" from detention in The Hague.

The core of the dispute centers on the ICC’s right to investigate crimes—specifically, killings related to the "war on drugs" campaign—that occurred while the Philippines was still a member. The PTC I ruled that states cannot "abuse" the right to withdraw from the Statute to shield individuals from justice in relation to alleged crimes already under the Court’s consideration.

Victims' Counsel Opposes Release

In a separate but related filing, Mr. Duterte's legal team is appealing a prior decision denying him interim release. The Office of the Public Counsel for Victims (OPCV) swiftly filed a response on 28 October, urging the Appeals Chamber to reject the appeal and maintain the former President's detention.

The OPCV argued that the Defence failed to identify a "clear error" in the lower chamber’s assessment. They pointed out that Mr. Duterte remains a "crystal clear" flight risk, citing his "background, former position, his past behavior," and specific public opposition to the ICC proceedings by members of his family, including Vice President Sara Duterte. The Victims’ Counsel maintains that his immediate release would pose a threat to the proceedings and potentially to the victims themselves.

The proceedings will now move to the Appeals Chamber, where both the jurisdictional challenge and the appeal against continued detention will be adjudicated.

Fitness to Stand Trial

Compounding the procedural hurdles is a separate defense motion arguing that the 80-year-old former leader is medically "unfit to stand trial" due to alleged cognitive decline. The Pre-Trial Chamber previously postponed the confirmation of charges hearing to address this health challenge. A ruling on the status of Mr. Duterte’s fitness to participate in the trial is anticipated in mid-November, which will determine the near-term trajectory of the historic case.

Mr. Duterte was arrested by Philippine authorities and surrendered to the ICC on 12 March 2025, on a warrant relating to the crimes against humanity of murder, committed between 1 November 2011 (when he was mayor of Davao City) and 16 March 2019 (the date the Philippines’ withdrawal from the ICC became effective).