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December 9, 2025 | 12:48pm
Families (holding portraits) of victims of former Philippines president Rodrigo Duterte's drug war, watch a live stream of Duterte's first appearance at the International Criminal Court (ICC) since his arrest on March 11, during a live viewing at a church building in Manila on March 14, 2025.
AFP / Ted Aljibe
MANILA, Philippines — The prosecutor of the International Criminal Court (ICC) and the Office of Public Counsel for Victims (OPCV) have asked the ICC Appeals Chamber to reject former President Rodrigo Duterte’s challenge to the court’s jurisdiction.
In separate 22-page filings submitted on December 8, both offices urged the Appeals Chamber to uphold an earlier ruling that the ICC can investigate alleged crimes against humanity linked to Duterte’s “war on drugs.”
They said Duterte’s appeal identifies no legal error that would justify overturning the decision.
“Each of the four grounds of appeal is incorrect. Consequently, the jurisdiction of the Court in this situation should be upheld, and proceedings in this case should continue,” Deputy Prosecutor Mame Mandiaye Niang wrote.
The ICC’s Trial Chamber I earlier rejected Duterte’s argument that the court lost authority over the Philippines after its withdrawal from the Rome Statute took effect in 2019.
Duterte’s camp argues that because the ICC formally opened its investigation in 2021—two years after withdrawal—the tribunal no longer has jurisdiction.
Duterte filed an appeal in November raising four grounds, claiming there is “no legal basis” for the ICC to proceed.
Prosecutor: Rome Statute still gives ICC jurisdiction
In response, the prosecutor said Duterte’s arguments rely on a mistaken reading of the Rome Statute.
“The Decision carefully analysed the Statute… On this basis, the Chamber correctly interpreted article 127 as preserving the Court’s jurisdiction in the present circumstances,” the filing said.
The prosecutor noted that the ICC can act on crimes allegedly committed while the Philippines was still a member because the preliminary examination started before the withdrawal was announced and before it took effect.
Victims’ lawyers echo call to deny appeal
The OPCV, representing victims, filed a separate response rejecting all four grounds of appeal and Duterte’s request for relief.
It said the ICC correctly ruled that matters already under the court’s consideration — including a preliminary examination — remain within its jurisdiction even after a member state withdraws.
On October 23, the ICC affirmed that it has jurisdiction to investigate Duterte despite the Philippines’ withdrawal in 2018.
Duterte faces three counts of crimes against humanity of murder for alleged extrajudicial killings during his anti-drug campaign and during his earlier years as mayor of Davao City.
