The Appeals Chamber of the International Criminal Court has affirmed the Court’s jurisdiction in the case of The Prosecutor v. Rodrigo Roa Duterte, dismissing in its entirety an appeal filed by the defence.
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
In a majority decision delivered in open court, the Appeals Chamber upheld the earlier ruling of Pre-Trial Chamber I dated October 23, 2025, which found that the Court could exercise jurisdiction over alleged crimes committed on the territory of the Philippines during the period it was a State Party to the Rome Statute.
The Court held that its jurisdiction covers alleged offences committed between November 1, 2011, and March 16, 2019, prior to the Philippines’ withdrawal from the Rome Statute taking effect on March 17, 2019.
In its ruling, the Appeals Chamber emphasised that Articles 12 and 13 of the Rome Statute must be read alongside Article 127, which governs the process and implications of a State’s withdrawal. It stressed that allowing a State Party to evade accountability by withdrawing after allegations emerge would undermine the object and purpose of the Statute.
According to the Court, the Rome Statute must be interpreted in a manner that balances a State’s right to withdraw with its responsibility to account for crimes committed while it was a party. The Chamber held that its interpretation ensures that jurisdiction is neither indefinite nor avoidable through withdrawal.
The five-member panel of the Appeals Chamber was presided over by Judge Luz del Carmen Ibáñez Carranza and included Judges Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin.
Duterte was not present in court, having waived his right to attend, and was represented by his legal counsel.
The case centres on allegations that the former Philippine president committed crimes against humanity, including murder and attempted murder, under Article 7(1)(a) of the Rome Statute. The charges relate to actions allegedly carried out as part of a widespread and systematic campaign during the country’s controversial “war on drugs.”
Background to the case shows that the Philippines became a State Party to the Rome Statute on November 1, 2011, before formally notifying its withdrawal on March 17, 2018. Although the withdrawal took effect a year later, the ICC maintains jurisdiction over crimes allegedly committed during the period of membership.
A warrant of arrest against Duterte was initially issued under seal on March 7, 2025, and later made public on March 11, 2025. He was surrendered to the Court on March 12, 2025, and made his initial appearance on March 14, 2025.
The confirmation of charges hearing was subsequently held between February 23 and 27, 2026.
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
