Prosecutors handling the case against former President Rodrigo Duterte and the lawyers representing victims of his anti-drug campaign have asked the International Criminal Court (ICC) to dismiss Duterte’s appeal seeking to overturn a Pre-Trial Chamber I ruling that affirmed the court’s jurisdiction over his alleged crimes against humanity.
Deputy Prosecutor Mame Mandiaye Niang and Principal Counsel Paolina Massidda filed separate 22-page petitions urging the ICC Appeals Chamber to reject Duterte’s bid, citing no factual errors in the earlier decision that would justify a reversal.
The petitions counter arguments by Duterte’s lawyers, Nicholas Kaufman and Dov Jacobs, who claimed the ICC lacks jurisdiction and requested his “immediate and unconditional release.”
The defense argued that the ICC cannot exercise jurisdiction because the investigation began in September 2021, more than two years after the Philippines formally withdrew from the Rome Statute in March 2018.
Under ICC rules, however, a withdrawal takes effect one year after the court is notified, allowing the ICC to continue considering matters already under review before the withdrawal.
In October, the Pre-Trial Chamber I dismissed the defense’s challenge, noting that preliminary examinations are sufficient for the court to exercise jurisdiction over cases initiated before a state’s withdrawal takes effect.
Niang described the defense’s argument as “immaterial,” citing Article 127(2) of the Rome Statute, which preserves the court’s authority over matters already under consideration.
Massidda added that the defense “grossly misrepresents” the reasoning of the chamber and is repeating previously rejected arguments, which she said appears aimed at delaying the pre-trial hearing.
The defense has also cited Duterte’s age and health as reasons to suspend proceedings and secure his interim release.
Duterte, 80, faces three counts of murder for crimes against humanity tied to his administration’s anti-narcotics campaign. He has been in ICC detention since his arrest in Manila on 11 March 2025.
The confirmation hearing, initially scheduled for 23 September 2025, was postponed indefinitely following the defense’s claim that Duterte is unfit to stand trial. It is now expected to be rescheduled for January or February 2026.