ICC Appeals Chamber set to rule as group calls for Duterte’s release

A Japan-based human rights advocate has called on the International Criminal Court (ICC) to immediately release former Philippine president Rodrigo Roa Duterte and refrain from exercising jurisdiction over his case, citing concerns over prolonged detention and the principle of complementarity.

In an open letter dated 20 April, the International Career Support Association (ICSA) Director for UN Affairs Shunichi Fujiki urged the court to “decide against exercising jurisdiction and to release him immediately and unconditionally.”

The ICC Appeals Chamber is expected to release its ruling on 22 April on the question of whether the tribunal retains jurisdiction over Duterte in relation to alleged crimes linked to his administration’s anti-drug campaign.

“Former President Duterte has currently been detained for over a year and one month without trial, which constitutes a grave violation of his fundamental human rights,” the letter stated.

The group cited Duterte’s age and health condition, saying that “for an 81-year-old individual suffering from serious medical conditions, such a prolonged pre-trial detention is entirely unacceptable from a humanitarian standpoint.”

During his term, Duterte launched an anti-narcotics campaign taht was modeled after his approach during his tenure as the mayor of Davao City.

However, the United Nations Office of the High Commissioner for Human Rights placed total deaths linked to the campaign at at least 8,663, while other estimates cited by investigators and advocacy groups suggest between 12,000 and 30,000 fatalities, most of them civilians from poor urban communities

ICSA also pointed to the ICC’s principle of complementarity under the Rome Statute, which states that the international court acts only when national courts are unwilling or unable to prosecute alleged crimes.

The group further stressed that cases should first be pursued in domestic courts, noting that the ICC is considered a “court of last resort.”

“If a State has jurisdiction over a case and has the willingness and ability to carry out the investigation or prosecution… the ICC shall determine the case to be ‘inadmissible’ and shall not exercise jurisdiction,” the letter said, citing provisions of the Rome Statute.

Under ICC jurisprudence, a case may still be declared admissible if judges determine that domestic investigations are insufficient, limited in scope, or not meaningfully pursued. 

The letter also raised concerns about national sovereignty, arguing that ICC intervention could undermine the authority of the Philippine legal system, which can destabilize the international legal order.

It likewise alleges that the probe is being used as a political maneuver aimed at weakening the Duterte family’s influence and diminishing their political power, citing the former presidential daughter's impeachment. 

“It is highly inappropriate for the ICC, as an international organization, to become deeply involved in domestic political disputes in the Philippines and to render a decision that favors one side,” it added. 

At the start of his term, President Ferdinand Marcos Jr. stated that the Philippines had no plans to rejoin ICC and emphasized that his government would not participate in its ongoing investigation. 

In September 2022, his administration formally asked the ICC to stop its probe into the drug war, arguing that the court does not have jurisdiction over the situation in the Philippines.

But the President later released a statement saying that although the government would not cooperate with the ICC, it would still be required to detain Duterte if Interpol issued an official “red notice” seeking his arrest on behalf of the ICC.

The ICC has been examining alleged crimes against humanity linked to Duterte’s anti-drug campaign, which drew international scrutiny over thousands of reported killings during police operations and vigilante-style attacks.

The ICC Office of the Prosecutor opened an investigation in September 2021, covering the alleged crimes against humanity committed by the former president from November 2011 until 16 March 2021—a day before the Philippine's withdrawal from the criminal court took effect. 

Although the Philippines withdrew from the Rome Statute, the ICC has maintained that it retains jurisdiction over alleged crimes committed while the country was still a member.

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