President Rodrigo Roa Duterte talks on the phone with Socialist Republic of Vietnam Prime Minister Nguyen Phuc at the Malago Clubhouse in Malacañang, Manila on May 26, 2020. TOTO LOZANO/PRESIDENTIAL PHOTO

MANILA — Judges of the International Criminal Court (ICC) Appeals Chamber have affirmed the court’s jurisdiction to try former president Rodrigo Duterte for crimes against humanity, rejecting all arguments raised by his defense.

In a decision issued Wednesday, the Appeals Chamber upheld the Oct. 28 ruling of the ICC Pre-Trial Chamber I and dismissed the challenge to the court’s authority over the case.

“Having rejected the entire appeal, the Appeals Chamber considers that the defense request for the immediate and unconditional release of Mr. Duterte is moot,” Presiding Judge Luz del Carmen Ibáñez Carranza said.

The Appeals Chamber, composed of Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin, denied the appeal in full, with Lordkipanidze issuing a partial dissent on one ground.

Carranza said the panel found “no error” in the Pre-Trial Chamber’s interpretation of Articles 12 and 13 of the Rome Statute, which define the conditions under which the ICC may exercise jurisdiction.

The chamber said these provisions must be read together with Article 127, which governs the legal effects of a state’s withdrawal from the treaty.

It emphasized that the Rome Statute should be interpreted in a “systemic manner” consistent with its objective of ending impunity for serious international crimes.

The Appeals Chamber ruled that allowing a country to avoid accountability by withdrawing from the ICC after alleged crimes are under investigation would be inconsistent with the statute’s purpose.

The judgment was delivered in open court, with Duterte waiving his right to be present. He is represented by defense counsel Nicholas Kaufman.

In a separate bulletin, the ICC said the ruling is distinct from the decision on whether to confirm the charges against Duterte, which is expected to be released not later than April 28.

Duterte is accused of crimes against humanity, including murder and attempted murder, allegedly committed during the anti-illegal drugs campaign when he served as Davao City mayor and later as president.

He was arrested on March 12, 2025, and remains in detention at the ICC.

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