Appeals judges ruled on Wednesday that the International Criminal Court (ICC) has jurisdiction over former Philippines President Rodrigo Duterte.
Judges rejected Duterte’s attempt to drop the case over the killings of thousands of people during an anti-drug campaign he launched while he was mayor and later president.
The Philippines withdrew from the ICC in 2018. Duterte’s lawyers had argued that the court had no jurisdiction over the case because the country is no longer a member.
What did the ICC judges say on Duterte’s appeal?
81-year-old former Philippine President Rodrigo Duterte has been booked on three counts of crimes against humanity at the ICC. The charges relate to killings during his so-called war on drugs, when he was mayor of Davao between 2013 and 2016, and then as president until March 2019 when the ICC’s withdrawal took effect.
Prosecutors said the alleged crimes occurred while the Philippines was still part of the ICC, meaning the court could still investigate and hear the case.
In October, the Lower ICC Chamber agreed with prosecutors and allowed the case to proceed.
Appeal judges have now upheld that decision. He confirmed that the court has jurisdiction and rejected the defense’s request to immediately release Duterte.
Presiding Judge Luz del Carmen Ibáñez Carranza said, “Having rejected the entire appeal, the Chamber considers the request for Mr. Duterte’s immediate and unconditional release moot.”
Why is Duterte facing trial in ICC?
The judge is now considering whether to confirm the charges against Duterte, the final step before a full trial. If confirmed, it would be the ICC’s first case against a former head of state in Asia.
Prosecutors say Duterte created, funded and armed death squads to target and kill suspected drug dealers and users while he was in power between 2016 and 2022.
Duterte has been in ICC custody in The Hague since his arrest at Manila airport in March 2025. The court allowed him to attend the February hearing as his lawyers said he was not mentally fit to appear.
He consistently defended the operation, saying that the police were instructed to kill only in self-defense.
Police in the Philippines say 7,000 people were killed during the so-called war on drugs. However, global organizations estimate the death toll to be as high as 30,000.
Human Rights Watch described the 2017 campaign as a “license to kill”. It added that many of the victims were shot in “death-squad-style extrajudicial executions” by unidentified gunmen on the streets or in police action.
Edited by: Alex Berry