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The Appeals Chamber of the International Criminal Court (ICC) on Wednesday confirmed the court’s jurisdiction in the case against former President of the Philippines, Rodrigo Roa Duterte, concerning alleged crimes against humanity, upholding the Pre-Trial Chamber’s decision rendered on October 23, 2025.
The Appeals Chamber found that, despite the Philippines’ withdrawal from the Rome Statute on March 17, 2018, the ICC retains jurisdiction in Duterte’s case regarding crimes against humanity committed on the territory of the Republic of the Philippines between November 1, 2011, and March 16, 2019, during which the country was a state party to the Statute.
The court highlighted that Articles 12 and 13 of the Rome Statute, which govern conditions of exercise of jurisdiction, require the relevant state to be a party to the Statute at the time the ICC exercises its jurisdiction. In addition, the mentioned articles should be interpreted together with Article 127 (2), which stipulates that a state’s withdrawal does not affect cooperation with the ICC in connection with criminal investigations initiated prior to the date on which the withdrawal became effective, nor prejudice the continuation of matters already under consideration by the court before the withdrawal became effective.
The Appeals Chamber further emphasized that it would be incompatible with the Rome Statute’s purpose, which is to put an end to impunity for serious crimes of concern to the international community, to enable a state to evade its obligations under the Statute by submitting a notice of withdrawal after discovering that crimes committed on its territory or by its natinals are under investigation. The court also underscored that the Rome Statute should be interpreted in line with its purpose, ensuring a balance between a state’s right to withdraw and the responsibilities accepted upon ratification.
In September 2025, ICC prosecutors brought charges of crimes against humanity against former President Duterte, accusing him of orchestrating thousands of murders during the “war on drugs” campaign between November 1, 2011 and March 16, 2019. The confirmation of these charges was postponed by the court following a request from Duterte’s defence team for an indefinite adjournment of the proceedings on the grounds that he was not fit to stand trial.
However, on January 26, 2026, the ICC rejected the defence’s request and found that Duterte’s medical condition does not prevent him from participating in pre-trial proceedings. The Defence also challenged the ICC’s jurisdiction in the case, arguing that it cannot be exercised after the effective withdrawal of the Philippines from the Rome Statute, but this argument was rejected by the court in October 2025.
The confirmation of charges hearing took place from February 23 to 27, 2026 in Duterte’s absence, after the court granted his request to waive his right to attend the hearing. If the ICC’s Pre-Trial Chamber confirms the charges within 60 days of the hearing’s conclusion, the case will proceed to the formal trial phase.
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The Appeals Chamber found that, despite the Philippines’ withdrawal from the Rome Statute on March 17, 2018, the ICC retains jurisdiction in Duterte’s case regarding crimes against humanity committed on the territory of the Republic of the Philippines between November 1, 2011, and March 16, 2019, during which the country was a state party to the Statute.
The court highlighted that Articles 12 and 13 of the Rome Statute, which govern conditions of exercise of jurisdiction, require the relevant state to be a party to the Statute at the time the ICC exercises its jurisdiction. In addition, the mentioned articles should be interpreted together with Article 127 (2), which stipulates that a state’s withdrawal does not affect cooperation with the ICC in connection with criminal investigations initiated prior to the date on which the withdrawal became effective, nor prejudice the continuation of matters already under consideration by the court before the withdrawal became effective.
The Appeals Chamber further emphasized that it would be incompatible with the Rome Statute’s purpose, which is to put an end to impunity for serious crimes of concern to the international community, to enable a state to evade its obligations under the Statute by submitting a notice of withdrawal after discovering that crimes committed on its territory or by its natinals are under investigation. The court also underscored that the Rome Statute should be interpreted in line with its purpose, ensuring a balance between a state’s right to withdraw and the responsibilities accepted upon ratification.
In September 2025, ICC prosecutors brought charges of crimes against humanity against former President Duterte, accusing him of orchestrating thousands of murders during the “war on drugs” campaign between November 1, 2011 and March 16, 2019. The confirmation of these charges was postponed by the court following a request from Duterte’s defence team for an indefinite adjournment of the proceedings on the grounds that he was not fit to stand trial.
However, on January 26, 2026, the ICC rejected the defence’s request and found that Duterte’s medical condition does not prevent him from participating in pre-trial proceedings. The Defence also challenged the ICC’s jurisdiction in the case, arguing that it cannot be exercised after the effective withdrawal of the Philippines from the Rome Statute, but this argument was rejected by the court in October 2025.
The confirmation of charges hearing took place from February 23 to 27, 2026 in Duterte’s absence, after the court granted his request to waive his right to attend the hearing. If the ICC’s Pre-Trial Chamber confirms the charges within 60 days of the hearing’s conclusion, the case will proceed to the formal trial phase.
The post ICC confirms jurisdiction in Philippines ex-president Duterte case appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.