The International Criminal Court (ICC) has maintained on Wednesday, April 22, that it has jurisdiction over the crimes against humanity of murder and attempted murder connected to the former Philippine President Rodrigo Roa Duterte.
Duterte’s defense appealed the ICC’s decision that it has jurisdiction over the Philippine situation on Oct. 23, 2025. The former president was arrested on March 11, 2025, by Philippine authorities acting on ICC warrant.
The defense requested to the Appeals Chamber to reverse its impugned decision, find that there is no legal basis for the continuation of the ICC proceedings against the former president, and order his immediate and unconditional release.
Four grounds of appeal were presented by the defense, all of which were rejected by the Appeals Chamber.
Four Grounds of Appeal by the Defense | |||
|---|---|---|---|
THE PRE-TRIAL CHAMBER ERRED IN LAW BY FINDING THAT ARTICLE 127 OF THE ROME STATUTE IS LEX SPECIALIS | A PRELIMINARY EXAMINATION IS NOT A ‘MATTER UNDER CONSIDERATION’ WITHIN THE MEANING OF ARTICLE 127(2) | THE ‘COURT’ DOES NOT INCLUDE THE OFFICE OF THE PROSECUTOR FOR THE PURPOSES OF ARTICLE 127(2) | THE PRE-TRIAL CHAMBER ERRED IN LAW BY FINDING THAT ‘THE OBJECT AND PURPOSE’ OF THE ROME STATUTE PERMITTED THE OPENING OF AN INVESTIGATION EVEN AFTER THE PHILIPPINES’ EFFECTIVE WITHDRAWAL |
Peruvian Judge Luz del Carmen Ibáñez Carranza presided over the jurisdictional appeal.
“The Appeal Chamber by majority as a conclusion, Judge (Gocha) Lordkipanidze dissenting on the second ground, has rejected all four grounds of appeal,” Carranza said during the proceedings. “Having rejected the entire appeal, the Appeals Chamber considers that the defense’s request for the immediate and unconditional release of Mr. Duterte is moot.”
Duterte did not appear before the Appeals Chamber after his waiver submitted on April 10 to absent himself was approved by the court.
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