ICC Judges to Decide on Duterte’s Appeal on Jurisdiction on April 22

THE HAGUE — The Appeals Chamber of the International Criminal Court (ICC) will deliver its judgment on Wednesday, April 22, on the appeal of former Philippine president Rodrigo Duterte against Pre-Trial Chamber I's decision that rendered the ICC has jurisdiction over the crimes of humanity cases against him.

The judgment will be delivered by the Chamber in open court and can be followed live on the Court's website at 11am, Central European Time or 5pm, Philippine time.

On October 23, 2025, the Pre-Trial Chamber I rejected the Defence’s challenge to the jurisdiction of the Court in this case.

On October 28, 2025, Duterte’s Defence submitted its Notice of Appeal against this Decision and submitted its Appeal Brief on Jurisdiction on 14 November 2025.

The former Philippine president is suspected of the crimes against humanity of murder and attempted murder, pursuant to article 7(1)(a) of the Rome Statute, allegedly committed as part of a widespread and systematic attack against a civilian population on the territory of the Republic of the Philippines between November 1, 2011 and March 16, 2019 in the context of the “war on drugs” campaign.

Following a request of the ICC Office of the Prosecutor, the warrant of arrest against Mr Duterte was issued by Pre-Trial Chamber I as “Secret” on March 7, 2025 and reclassified as “Public” on 11 March 2025. On March 12, 2025, Duterte was surrendered to the ICC. His initial appearance took place on March 14, 2025.

The Chamber I maintained that the ICC has jurisdiction over the cases filed because the crimes were committed when the Philippines was still a state-party to the ICC.

The confirmation of charges hearing took place from February 23 to 27, 2026.

After 60 days, the judges will decide whether to decide to confirm the charges.

Even if only one of the three charges is confirmed, a full trial will follow, according to lawyers for the victims.

The Pre-trial chamber can also decline to confirm the charges in favor of the suspect or adjourn the hearing to request the Prosecutor to consider providing evidence or conducting further investigation or amend the charge because the evidence submitted appears to establish a different crimes within the jurisdiction of the ICC.

The Appeals Chamber in this appeal is composed of Presiding Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin.

The hearing can be followed LIVE on the ICC website (Courtroom I), as well as on the ICC Facebook accounts and on the ICC YouTube Channel.

Outcome

If the appeals judges decide ICC has no jurisdiction, victims’ counsel Gilbert Andres said they may turn to universal jurisdiction in other countries.

Countries that can prosecute crimes against humanity regardless of where they occurred include Germany, France, Belgium and Switzerland.

According to experts, a decision against jurisdiction could encourage other leaders facing scrutiny to withdraw from the ICC to avoid accountability.

It would also undermine the Rome Statute’s purpose of preventing impunity, as warned by human rights lawyer Neri Colmenares in an interview with the media in Manila.

However, experts added that a no-jurisdiction ruling would not erase the alleged crimes, nor would it prevent domestic prosecution in the Philippines. It would not stop other states from acting under universal jurisdiction.

If the jurisdiction is affirmed, the case proceeds. The decision to confirm or not the charges against Duterte is also being expected this month. If the charges are confirmed, a full trial will be conducted.

Protest actions

Groups calling for accountability led by the Duterte Panagutin Network are set to have a rally in front of the ICC on the morning of the appeals decision. They call on the court to proceed with the trial as the victims have been waiting for years.

Supporters of Duterte, meanwhile, regularly convene in front of the ICC detention center, asking updates from family members who are taking turns to visit the Duterte patriarch almost every day.

According to Aldo Villarta, supporter of the former president, during Duterte’s 81st birthday, their support will not wane. If the ICC decides it has jurisdiction or if the charges are confirmed, he said they will show their action in droves.