ICC rejects appeal to drop case against Philippines' Duterte

Appeals judges ruled on Wednesday that the Internation Criminal Court (ICC) has jurisdiction over former Philippines President Rodrigo Duterte.

The judges dismissed a bid to drop the case over the killings of thousands of people during Duterte's anti-drug campaign, carried out while he was mayor and later president.

The Philippines withdrew from the ICC in 2018. Duterte's lawyers had argued the court has no authority over the case because the country is no longer a member.

What did the ICC judges say in Duterte's appeal?

Former Philippine President Rodrigo Duterte, 81, faces three counts of crimes against humanity at the ICC. The charges relate to killings during his so-called war on drugs, when he was mayor of Davao, between 2013 and 2016, and subsequently president until March 2019 when the ICC withdrawal took effect.

Prosecutors said the alleged crimes took place while the Philippines was still part of the ICC, meaning the court can still investigate and try the case.

In October, a lower ICC chamber agreed with prosecutors and allowed the case to move forward.

Appeals judges have now upheld that decision. They confirmed the court has jurisdiction and rejected the defence request to immediately release Duterte.

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

Why is Duterte facing trial at the ICC?

Judges are now considering whether to confirm the charges against Duterte, the final step before a full trial. If confirmed, it would mark the first ICC case against a former head of state from Asia. 

Prosecutors say Duterte created, funded and armed death squads to target and kill suspected drug dealers and users while he was in power between ⁠2016 and 2022.

Duterte has been in ICC custody in The Hague since his arrest at Manila airport in March 2025. The court allowed him to skip a February hearing after his lawyers said he was not mentally fit to attend.

He has consistently defended the campaign, saying police were only instructed to kill in self-defence.

Police in the Philippines say up to 7,000 people were killed during the so-called war on drugs. However, global bodies estimate the death toll could be as high as 30,000.

Human Rights Watch described the campaign in 2017 as a "licence to kill," saying many victims were shot in the streets by unidentified gunmen or in police operations in "death-squad-style extrajudicial executions." 

Edited by: Alex Berry