ICC Appeals Chamber seeks more arguments in Duterte case’s jurisdiction issue

National

THE International Criminal Court’s (ICC) Appeals Chamber has ordered all parties in the case of former Philippine president Rodrigo Duterte to submit additional legal arguments, signaling that judges are taking a closer look at the unresolved question of jurisdiction following the country’s withdrawal from the Rome Statute.

In an order released this week, the Appeals Chamber directed the Office of the Prosecutor and the Office of Public Counsel for Victims to file further observations by Jan. 16, 2026. Duterte’s defense team was given until Jan. 23 to submit its response, setting a new timetable in the closely watched appeal.

In a Manila Bulletin report, judges said the additional submissions are necessary to clarify how key provisions of the Rome Statute should be interpreted and applied together, particularly those governing jurisdiction and the legal effects of a state’s withdrawal from the Court.

The chamber emphasized the need for precision as it weighs arguments that go to the heart of the ICC’s authority.

Central to the appeal is the Defense’s challenge to the Court’s jurisdiction, arguing that the ICC no longer has authority over the Philippines after its formal withdrawal from the Rome Statute in 2019. Duterte’s camp contends that this withdrawal bars the Court from proceeding, even for alleged crimes committed while the country was still a member.

The Appeals Chamber specifically asked the parties to address Articles 12(2) and 13(c) of the Rome Statute, which outline the conditions under which the ICC may exercise jurisdiction. Judges also ordered detailed arguments on how these provisions interact with Article 127, the section that governs withdrawal from the treaty.

In its order, the chamber stressed that the questions must be answered both in general legal terms and in the specific context of Duterte’s case. To keep the process focused, each party was limited to submissions of no more than 10 pages.

The judges also rejected the Defense’s request to file an additional reply beyond what was authorized, underscoring the chamber’s intent to avoid protracted pleadings as it moves toward a ruling on the jurisdictional dispute.

Duterte, who was arrested in March this year, is appealing earlier ICC rulings that allowed the investigation and proceedings to continue. He has consistently argued that the Court lost authority over the Philippines once the withdrawal took effect, making any further action against him unlawful.(Xienderlyn Trinidad, USJ-R Comm Intern)