ICC Blocks Release of Former Philippine President Duterte, Affirms Jurisdiction

Appeals judges at the International Criminal Court (ICC) have denied a request to dismiss the case against former Philippine President Rodrigo Duterte, confirming the court’s authority to prosecute him. The ruling came as the ICC continues its investigation into the killings linked to Duterte’s drug war, which spanned his tenure as mayor and later as president.

The Philippines withdrew from the ICC in 2018, prompting Duterte’s legal team to argue that the court no longer had jurisdiction. However, the appeals chamber dismissed this claim, emphasizing that the alleged crimes occurred while the country was still a member. The decision aligns with a prior ruling by a lower ICC panel in October, which allowed the case to proceed.

Duterte, 81, faces three charges of crimes against humanity tied to extrajudicial killings during his anti-drug campaign. The charges cover incidents from 2013 to 2016, when he was mayor of Davao, and continue through his presidency until March 2019. Prosecutors contend that the actions in question took place under the ICC’s jurisdiction, enabling the court to pursue the case.

“Having rejected the entire appeal, the chamber considers the request for Mr Duterte’s immediate and unconditional release to be moot,” said presiding judge Luz del Carmen Ibanez Carranza.

Duterte has been detained at the ICC’s headquarters in The Hague since his arrest at Manila airport in March 2025. His lawyers recently secured a postponement of a February hearing, citing his inability to attend due to mental health concerns. Despite this, the court has maintained its stance on the case’s validity.

Philippine police report approximately 7,000 deaths during the drug war, while global organizations like Human Rights Watch estimate the toll could reach 30,000. The organization described the campaign in 2017 as a “licence to kill,” highlighting widespread executions by unidentified gunmen or police forces in a systematic manner.

With the appeal rejected, the ICC is now assessing whether to confirm the charges against Duterte, the next phase before a full trial. This would mark the first instance of a former Asian head of state facing ICC prosecution.

Video: ICC Proceeds with Duterte Case

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