Article by Viory
The Appeals Chamber of the International Criminal Court (ICC) on Wednesday dismissed all four grounds of appeal filed by former Philippine president Rodrigo Duterte, denying his request for immediate release and confirming the court’s authority to try him for crimes against humanity.
“The Appeals Chamber, by majority, as a conclusion, Judge Lordkipanidze partially dissenting in the second ground, has rejected all four grounds of appeal. Having rejected the entire appeal, the Appeals Chamber considers that the defence request for the immediate and unconditional release of Mr Duterte is moot,” presiding judge Luz del Carmen Ibanez Carranza read out.
Duterte’s defence sought to throw out the case, arguing that the court had no jurisdiction on the basis that the Philippines withdrew its ICC membership. However, the court upheld its jurisdiction, ruling that the preliminary examination into the situation was launched in February 2018 – over a year before the country’s withdrawal from the Rome Statute formally took effect in March 2019.
“The Philippines’ decision to arrest and surrender Mr Duterte, as well as its further engagement with the court, is insufficient to support a conclusion that the practice of the Philippines following its withdrawal qualifies as a subsequent practice… which establishes the agreement of the parties,” Carranza stated.
81-year-old Duterte refused to attend his confirmation of charges hearings or the Appeals Chamber’s proceedings. The Philippines’ 16th president has been held in detention since his arrest on March 11, 2025, upon his arrival at Ninoy Aquino International Airport from Hong Kong.
Duterte, who held presidency from 2016 to 2022, is suspected of crimes against humanity allegedly committed between November 2011 and March 2019 in relation to his administration’s ‘War on Drugs’ campaign.
While the jurisdiction issue is now settled, the next major milestone is the Confirmation of Charges verdict, which is expected by the end of April.
Article by Viory
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