A full trial before the International Criminal Court (ICC) is now set to proceed against former Philippine president Rodrigo Roa Duterte after judges upheld the court’s jurisdiction and confirmed crimes against humanity charges.

The development follows separate rulings issued on April 22 and April 23, 2026, in which the ICC’s Appeals Chamber rejected the defence’s jurisdictional challenge, while Pre-Trial Chamber I found “substantial grounds to believe” Duterte is responsible for murder and attempted murder allegedly committed in the Philippines from Nov. 1, 2011 to March 16, 2019 in connection with the anti-drug campaign.    

The Appeals Chamber, by majority, affirmed that the court retains jurisdiction over alleged crimes committed while the Philippines was still a State Party to the Rome Statute, despite its subsequent withdrawal. It held that the Statute must be interpreted in line with its aim “to put an end to impunity for the perpetrators of the most serious crimes.”  

Judges said allowing a State to evade accountability by withdrawing after alleged crimes are under scrutiny would be “incompatible with this object and purpose,” while noting that withdrawal rights remain subject to a defined legal framework.  

Central to the ruling was the finding that a preliminary examination initiated before the Philippines’ withdrawal took effect in March 2019 qualifies as a “matter under consideration,” preserving the court’s authority to proceed.  

The Appeals Chamber dismissed all four grounds of appeal raised by the defence and confirmed the earlier ruling of Pre-Trial Chamber I, rendering moot the request for Duterte’s immediate release.  

In a separate decision, Pre-Trial Chamber I formally confirmed the charges and committed Duterte to trial, concluding that the alleged acts formed part of a “widespread and systematic attack against a civilian population.”  

The confirmation proceedings, held from Feb. 23 to 27, 2026, assessed whether sufficient evidence exists to proceed to trial. The ICC applies a “substantial grounds to believe” standard at this stage, lower than the threshold required for conviction.  

Following the confirmation of charges, the ICC Presidency will constitute a Trial Chamber to handle the next phase, including setting a trial date and resolving procedural matters such as evidence disclosure.  

Duterte has been in ICC custody in The Hague since March 2025 after his arrest and surrender to the court. 

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