ICC Rules It Has Jurisdiction Over Duterte Case, Rejects Defense Challenge

THE HAGUE, Netherlands—The International Criminal Court (ICC) has ruled it has full authority to proceed with the case against former Philippine President Rodrigo Duterte, delivering a major blow to the defense's efforts to halt the proceedings.

In a 32-page decision issued by Pre-Trial Chamber I on October 23, 2025, the judges firmly rejected the challenge to the Court’s jurisdiction, asserting that the Philippines’ withdrawal from the Rome Statute cannot be used to shield individuals from justice for crimes committed while the country was still a member.

The core of the defense's argument, filed earlier this year, centered on the claim that the ICC lost jurisdiction when the Philippines’ withdrawal from the Rome Statute became effective on March 17, 2019. The Court, however, upheld its authority based on Article 127(2) of the Rome Statute, which maintains jurisdiction over crimes committed while the state was a party. Furthermore, the Chamber highlighted that the preliminary examination into the alleged "war on drugs" atrocities had commenced prior to the withdrawal's effective date, concluding that Manila's action appeared to be an "apparent action to avoid compliance."

The ruling paves the way for the confirmation of charges hearing, which had been previously postponed from September 23, 2025, due to concerns raised by the defense regarding the 80-year-old former President’s health. Defense attorney Nicholas Kaufman indicated that the team had "anticipated this decision and will appeal it," confirming that the legal challenge against the ICC's authority is far from over.

Mr. Duterte was arrested in March 2025 and surrendered to the ICC at The Hague to face charges of crimes against humanity, specifically in connection with mass killings carried out as part of his government’s aggressive anti-narcotics campaign between November 1, 2011, and March 16, 2019.

In a related procedural matter, the Pre-Trial Chamber also dismissed the defense's request for the interim release of Mr. Duterte, maintaining that he must remain in detention as he is considered a flight risk. The ICC will now set a specific date for the confirmation of charges hearing, marking the next critical step in the judicial process.