ICC orders further submissions in Duterte appeal over jurisdiction

The International Criminal Court’s (ICC) Appeals Chamber has ordered additional legal submissions in the ongoing appeal filed by former Philippine President Rodrigo Roa Duterte, citing unresolved legal questions on the court’s jurisdiction over his case.

In an order dated 16 December, the Appeals Chamber invited further observations from the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV) to clarify complex legal issues before a final ruling is issued on Duterte’s appeal.

The chamber set a deadline of 16 January 2026 for the additional submissions, while Duterte’s defense team was given until 23 January to file a reply limited to 10 pages.

Duterte’s appeal challenges a Pre-Trial Chamber I decision issued on 23 October 2025, which reaffirmed the ICC’s jurisdiction and rejected his argument that the court lost authority following the Philippines’ withdrawal from the Rome Statute in 2019.

Prosecutors have argued that the ICC retains jurisdiction because the alleged crimes were committed while the Philippines was still a state party to the treaty.

According to the Appeals Chamber, unresolved questions remain regarding the interpretation of Articles 12(2) and 13(c) of the Rome Statute and how multiple provisions interact in determining jurisdiction. These provisions govern the circumstances under which the ICC may exercise authority over alleged crimes, including those committed partly outside a member state’s period of membership.

The chamber also denied a request by Duterte’s legal team to file an additional reply to the Prosecutor’s brief.

The case stems from an ICC arrest warrant issued on 7 March 2025, accusing Duterte of crimes against humanity in connection with thousands of alleged extrajudicial killings during his “war on drugs,” which began during his tenure as mayor of Davao City and continued throughout his presidency.

Duterte was surrendered to ICC custody on 12 March after his arrest in Manila by Philippine authorities.

Earlier this year, the ICC also denied Duterte’s request for interim release and postponed the confirmation of charges hearing to allow further assessment of his fitness to stand trial.

The appeal and the call for additional submissions come amid renewed debate in the Philippines over sovereignty and cooperation with the ICC, including a recent Supreme Court ruling reinstating the Office of the Solicitor General as counsel in related domestic legal challenges to the ICC process.