ICC rejects Duterte’s plea, affirms jurisdiction over drug war case

By Erika Mae P. Sinaking, Reporter

THE International Criminal Court (ICC) ruled on Wednesday that it has full legal jurisdiction to prosecute the Philippines’ 81-year-old former President Rodrigo R. Duterte for crimes against humanity in a closely watched case.

In a definitive judgment, the appellate chamber rejected all four grounds of appeal filed by the defense, concluding that the court retains authority over murders committed at the time the Philippines was a member state, despite the country’s withdrawal from the Rome Statute in 2019.

“The present interpretation ensures an appropriate balance between the ability of states to effectively withdraw from the statute and the responsibilities that states accept upon ratification,” Judge Luz del Carmen Ibáñez Carranza said in a livestreamed ruling issued in The Hague.

“The Appeals Chamber by majority confirms the impugned decision,” she added, upholding the lower court’s jurisdictional finding.

Mr. Duterte was not in court to hear the decision.

The ruling effectively exhausts the former leader’s primary legal defense against facing a potential full trial.

The court’s decision hinged on the interpretation of Article 127(2), which preserves jurisdiction for any matter already under consideration prior to a state’s withdrawal.

The defense argued that the clause was misapplied by the lower court, but the Appeals Chamber found no error in the Pre-Trial Chamber’s reading of the statute.
It further held that a preliminary examination qualifies as a “matter under consideration,” rejecting the claim that only a formally authorized investigation meets that threshold, although Judge Gocha Lordkipanidze dissented, arguing that a situation only comes under consideration once an investigation is formally authorized.

The defense also contended that the term “the Court” refers solely to the judiciary and excludes the Prosecutor, but the judges ruled that it refers to the institution as a whole.

The Appeals Chamber likewise dismissed the argument that the Rome Statute prohibits the opening of investigations after a withdrawal becomes effective.

Ms. Carranza said that the object and purpose of the statute is “to put an end to impunity for the perpetrators of the most serious crimes” and that allowing a state to evade responsibility by simply withdrawing would be incompatible with those goals

Mr. Duterte, who served as president from 2016 to 2022, was arrested and surrendered in March 2025 over killings tied to his administration’s war on drugs, during which narcotics users and peddlers were allegedly targeted in nationwide anti-drug operations that resulted in thousands of deaths, according to rights groups and prosecution records.

Mr. Duterte has maintained that his administration’s campaign against illegal drugs was aimed at curbing illegal drugs and restoring public order.

Following the rejection of his appeal, the court declared his request for immediate and unconditional release as moot.

SIX IN 10 IN FAVOR
Meanwhile, surveys showed that a majority of Filipinos agree that the former president should stand trial before the ICC, even as public sentiment sends mixed signals on the court’s fairness and the Philippines’ rejoining it.

About 59.5% of adult Filipinos believe the former leader should face charges of crimes against humanity before the ICC following confirmation of charges hearings in February, according to a news release by WR Numero on Wednesday citing its March 2026 survey. Only 24.5% disagreed with this view, while 16% remained undecided.

The same poll showed that 43% support Mr. Duterte remaining detained in The Hague to personally answer the allegations, compared with 34% who opposed and 22% who expressed no clear opinion.

On the question of accountability, 51% said Mr. Duterte should be held responsible for extrajudicial killings linked to his anti-drug campaign, a policy that drew international scrutiny during his 2016–2022 presidency. About 29% disagreed and 19% were undecided.

The survey also found 56% consider it important to arrest and detain alleged co-perpetrators for their involvement in the drug war, with 22% opposed and 22% undecided.

Despite the push for trial, the public remains deeply divided on the institution itself. Only 35% trust the ICC to be fair in hearing the case, while 33% express distrust and 32% are unsure.

“Nearly half of Filipinos (46%) are also against the country’s return to the ICC. Only less than a third of respondents (30%) want the Philippines to rejoin the ICC, while those undecided fell by 5 points, dropping from 29% last year to 24% in March,” the research firm noted.

The nationwide poll, conducted from March 10-17, through face-to-face interviews with a sample of 1,455 Filipinos, at a ±3% margin of error and 95% confidence level.

A separate independent poll by PUBLiCUS Asia Inc., known as PAHAYAG, conducted from March 21 to 24, showed 60% of respondents support a Senate resolution requiring ICC-issued warrants to undergo review by Philippine courts.

Meanwhile, 25% opposed the resolution, and 15% were unfamiliar with the issue.

This demand for domestic judicial oversight is most pronounced in North-Central Luzon (67%), the Visayas (64%), and among voters aged 40–49 (71%).

This position cuts across political lines, with 63% support observed among pro-administration, anti-administration, and anti-opposition groups.

By generation, Millennials (63%) and Gen X (61%) show the strongest support for this domestic review, the research firm noted.

The PAHAYAG survey reported a different trend regarding formal re-engagement, showing that 54% of registered voters support the Philippines rejoining the ICC, while 28% are opposed and 18% have no knowledge of the matter.

Support for re-entry is concentrated in the National Capital Region (62%) and South Luzon (62%), driven primarily by younger voters aged 18–24 (60%) and 25–29 (63%), as well as Gen Z respondents (62%). Politically, support for rejoining is highest among pro-administration voters at 73%.

The Philippines formally withdrew from the ICC in 2019 under the Duterte administration, and President Ferdinand R. Marcos, Jr. has maintained that there are no current plans for the country to rejoin the international tribunal.

According to PUBLiCUS Asia, these results indicate a “dual public orientation” where Filipinos balance a desire for accountability with concerns over maintaining Philippine judicial authority.

The non-commissioned survey, which comprised 1,509 respondents who are registered Filipino voters, had a national margin of error of +/- 3%.