The International Criminal Court (ICC) Appeals Chamber has directed the parties in former President Rodrigo Duterte’s case to submit additional legal arguments, as judges deliberate on whether the Court retains jurisdiction despite the Philippines’ withdrawal from the Rome Statute.
In an order released this week, the Appeals Chamber directed the Prosecution and the Office of Public Counsel for Victims to file further observations by January 16, 2026, with the Defense given until January 23 to respond.
The judges explained that the additional submissions are necessary to clarify how key provisions of the Rome Statute interact, particularly regarding jurisdiction and withdrawal from the Court.
At issue is the Defense’s appeal questioning whether the ICC can exercise jurisdiction over alleged crimes committed while the Philippines was still a State Party, even though it formally withdrew from the treaty in 2019.
The Appeals Chamber specifically asked the parties to address the interpretation of Articles 12(2) and 13(c) of the Rome Statute, which govern the Court’s jurisdiction.
Judges also ordered detailed arguments on how these provisions should be read together with Article 127, which deals with withdrawal from the ICC.
The order emphasized that the questions should be answered both “in general” and “in the specific circumstances” of Duterte’s case.
Each party’s submission was limited to 10 pages, signaling the Chamber’s intent to keep the proceedings focused and expeditious.
The judges also denied the Defense’s request to file an additional reply beyond what was authorized in the order.
Duterte, arrested in March this year, is appealing earlier rulings that allowed the ICC to proceed with its investigation on the case, arguing that the Court no longer has authority over the Philippines after its withdrawal.
The Prosecution, for its part, has consistently maintained that the ICC retains jurisdiction over crimes allegedly committed while the country was still a member of the Court.
The Appeals Chamber’s move does not resolve the appeal but marks a procedural step before a ruling on the jurisdictional challenge.
A decision on the appeal could have major implications for whether the ICC case against Duterte moves forward.
The ICC is investigating alleged crimes against humanity linked to killings during Duterte’s anti-drug campaign, which spanned from 2016 to 2019, when the Philippines was still a State Party to the Rome Statute.
The government formally withdrew from the ICC in March 2019, a move that has since become central to the legal dispute over the Court’s jurisdiction.
In November, the ICC Appeals Chamber unanimously confirmed the decision rejecting Duterte’s request for interim release, upholding the Pre-Trial Chamber I’s earlier findings on flight risk, witness interference, and the danger of renewed violence. (Argyll Geducos)
