The International Criminal Court (ICC) Appeals Chamber on Wednesday dismissed former Philippine President Rodrigo Duterte’s appeal challenging the court’s jurisdiction, effectively clearing the way for the continuation of proceedings against him over alleged crimes against humanity.
In a majority ruling, the chamber rejected all four grounds raised by Duterte’s defense.
It also declared moot the request for his unconditional release following the denial of the appeal.
“The Appeals Chamber by majority… has rejected all four grounds of appeal. Having rejected the entire appeal, the Appeals Chamber considers that the defense’s request for unconditional release of Mr. Duterte is moot,” the court said.
Duterte did not attend the hearing after waiving his right to appear. He was represented by his legal counsels Nicholas Kaufman, Dov Jacobs, and other members of his defense team.
The appeal sought to overturn an earlier decision by ICC Pre-Trial Chamber I, which rejected Duterte’s challenge to the court’s jurisdiction.
The pre-trial judges ruled that the prosecution’s preliminary examination began before the Philippines formally withdrew from the Rome Statute, the ICC’s founding treaty.
Duterte’s lawyers argued there was no legal basis for the continuation of proceedings and asked for his immediate and unconditional release.
The case stems from an arrest warrant sought by the ICC Office of the Prosecutor on 10 February 2025, accusing Duterte of crimes against humanity, including murder, torture, and rape.
Pre-Trial Chamber I later found reasonable grounds to believe he bore individual criminal responsibility as an indirect co-perpetrator in alleged murders committed in the Philippines between November 2011 and 16 March 2019.
A sealed arrest warrant was issued on 7 March 2025 and made public on 11 March 2025. Duterte was arrested by Philippine authorities and surrendered to the ICC on 12 March 2025.
He made his initial appearance via video link two days later.
Proceedings were delayed after the defense sought an indefinite adjournment, citing concerns over Duterte’s fitness to stand trial.
The court granted a limited postponement for medical evaluation, but on 26 January 2026 ruled that he was fit to participate in pre-trial proceedings.
The confirmation of charges hearing was held from 23 to 27 February 2026, during which prosecutors, defense lawyers, and victims’ representatives presented evidence and arguments.
Duterte was not physically present, after the chamber allowed him to waive attendance.