Former Philippines president Duterte challenges ICC jurisdiction, seeks release

AM Editorial Team

Former Philippines president Duterte challenges ICC jurisdiction, seeks release

Former Philippine president Rodrigo Duterte has appealed the International Criminal Court’s (ICC) decision to move forward with its case against him, according to court filings released on Wednesday. The appeal comes a week after judges in The Hague ruled that the ICC has jurisdiction over alleged crimes linked to his “war on drugs.”

Duterte’s legal team, led by former executive secretary Salvador Medialdea, is also demanding his release. They argue that the court’s investigation began only after the Philippines officially withdrew from the Rome Statute in 2019. Because of that, they claim, the ICC no longer has authority to prosecute him.

Dispute over jurisdiction

Duterte appeared before the ICC for the first time in March 2025. He faces accusations of crimes against humanity for thousands of deaths during his anti-drug campaign. Prosecutors say many killings were committed by police and vigilantes acting under government orders.

Judges ruled last week that the court retains jurisdiction. They said the alleged crimes occurred while the Philippines was still a member of the ICC. The decision also cited the lack of credible national investigations into the killings.

Political and legal implications

Duterte’s lawyers called the ruling “a grave abuse of discretion.” In their appeal, they claimed his detention is unlawful and violates Philippine sovereignty.

President Ferdinand Marcos Jr. has repeated that his government will not cooperate with the ICC. He insists that the Philippine justice system is capable of handling any domestic cases.

Meanwhile, ICC prosecutor Karim Khan maintains that an international trial is necessary to deliver justice to victims.