Metro Manila, Philippines – The International Criminal Court’s Appeals Chamber will rule on Wednesday, April 22, whether it retains jurisdiction over former President Rodrigo Duterte, a decision that could determine the direction of the case against him.
The ruling will address a key legal question: whether the ICC can continue proceedings despite the Philippines’ withdrawal from the Rome Statute in 2019.
Duterte’s legal team has argued that the court no longer has authority over him following the withdrawal, while prosecutors and earlier ICC rulings maintain that jurisdiction remains over alleged crimes committed while the country was still a member.
Who will decide
Five judges from the ICC Appeals Chamber will decide the case:
- Presiding Judge Luz del Carmen Ibáñez Carranza
- Judge Tomoko Akane
- Judge Solomy Balungi Bossa
- Judge Gocha Lordkipanidze
- Judge Erdenebalsuren Damdin
The decision will be released at 11 a.m. in The Hague (5 p.m. in the Philippines).
Duterte has requested the tribunal to waive his appearance on the day.
Previous ruling
The Appeals Chamber is reviewing an earlier decision by the ICC Pre-Trial Chamber, which rejected Duterte’s challenge to the court’s jurisdiction.
In its ruling, the Pre-Trial Chamber said a country’s withdrawal from the Rome Statute does not remove obligations or invalidate proceedings already underway before the withdrawal took effect.
The chamber also noted that the alleged crimes linked to Duterte’s war on drugs were already under preliminary examination before the Philippines formally exited the ICC, allowing the court to retain authority over the case.
Previous appeals
Duterte filed multiple appeals before the ICC’s higher chamber, with mixed outcomes.
An appeal seeking interim release was denied in November 2025, with judges ruling that Duterte remained a potential risk to the proceedings.
However, the Appeals Chamber granted a separate request to disqualify ICC Prosecutor Karim Khan due to a conflict of interest.
The jurisdiction challenge is widely seen as the most critical appeal, as it will determine whether the case can proceed at all.
The ruling matters
Legal observers say the decision could set a precedent for how the ICC handles cases involving countries that withdraw from the court while investigations are ongoing.
If the Appeals Chamber upholds jurisdiction, the case against Duterte will continue, with the ICC Pre-Trial Chamber expected to decide separately whether to confirm the charges and move to a full trial.
If the court rules it has no jurisdiction, the case could be dismissed, potentially limiting the ICC’s reach in similar cases involving other countries.
