ICC seeks more input on Duterte appeal

The International Criminal Court’s (ICC) Appeals Chamber has asked for more legal input before ruling on the appeal filed by former President Rodrigo Duterte, saying that key questions about the court’s jurisdiction still needed to be clarified.

In an order dated 16 December, the Appeals Chamber directed the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV) to submit additional observations to help resolve the remaining legal issues. Prosecutors and the OPCV have until 16 January 2026 to comply, while Duterte’s defense team was given until 23 January to file a reply of no more than 10 pages.

Duterte is appealing a decision by Pre-Trial Chamber I dated 23 October which upheld the ICC’s jurisdiction and rejected his argument that the court lost its authority after the Philippines withdrew from the Rome Statute in 2019.

The prosecutors maintained that the ICC still had jurisdiction because the alleged crimes were committed while the Philippines was still a state party to the treaty.

The Appeals Chamber said there were still unresolved questions on how specific provisions of the Rome Statute — particularly Articles 12(2) and 13(c) — should be interpreted and applied together when determining jurisdiction. These provisions cover when and how the ICC may exercise authority over alleged crimes, including those linked to a period when a country was still a member of the court.

The chamber also denied the defense’s request to submit another reply to the prosecution’s brief.

The case revolves around an ICC arrest warrant issued on 7 March 2025 accusing Duterte of crimes against humanity for thousands of alleged extrajudicial killings tied to his anti-drug campaign, which began during his time as Davao City mayor and continued throughout his presidency.

He was arrested in Manila and surrendered to ICC custody on 12 March.

Earlier this year, the ICC rejected Duterte’s bid for an interim release and deferred his confirmation of charges hearing to allow for further evaluation of his fitness to stand trial.

The ongoing appeal, and the court’s move to seek more submissions, comes as a debate continues in the Philippines over sovereignty and its cooperation with the ICC. This includes a recent Supreme Court ruling that reinstated the Office of the Solicitor General as counsel in domestic cases linked to the ICC proceedings.