Manila: The judges of the International Criminal Court (ICC) Appeals Chamber on Wednesday affirmed the ICC's jurisdiction to try former president Rodrigo Duterte for crimes against humanity. The Appeals Chamber rejected all four arguments raised by Duterte's camp, affirming the Oct. 28 decision of ICC Pre-Trial Chamber I and denying the defense's challenge to the Court's jurisdiction over the case.
According to Philippines News Agency, the Appeals Chamber, composed of Presiding Judge Luz del Carmen Ib¡±ez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin, dismissed the appeal in full, with only Judge Lordkipanidze issuing a partial dissent on the second ground. Carranza stated that the Appeals Chamber found 'no error' in the ICC Pre-Trial Chamber I's interpretation of Articles 12 and 13 of the Rome Statute, which requires a state to be a party to the statute at the time the ICC exercises its jurisdiction.
The Chamber emphasized the necessity of interpreting these provisions alongside Article 127, which addresses the legal regime applicable to situations of a state party withdrawal. The ruling underscored that the Rome Statute must be interpreted in a 'systemic manner' to fulfill its purpose of ending impunity for perpetrators of serious crimes concerning the international community.
The judgment, delivered in open Court, highlighted the incompatibility of allowing a country to evade its responsibilities by submitting a withdrawal notice upon discovery of alleged crimes under ICC examination. Duterte, who waived his right to be present, was represented by Defense Counsel Nicholas Kaufman.
In a separate bulletin, the ICC clarified that this ruling is distinct from the decision on whether to confirm the charges in Duterte's case, which is anticipated 'not later than April 28.' Duterte is suspected of crimes against humanity, including murder and attempted murder, allegedly committed during his campaign against illegal drugs as Davao City mayor and later as the Philippine president. The former chief executive was arrested on March 12, 2025, and remains in detention at the ICC.