ICC rejects Duterte bid to dismiss crimes against humanity case

The International Criminal Court has rejected Rodrigo Roa Duterte’s bid to end his crimes against humanity case, ruling by majority that the court still has jurisdiction over alleged murders and attempted murders tied to the Philippines’ war on drugs. The decision keeps alive one of the most closely watched international prosecutions in years and leaves Duterte facing a case that could define how far global justice reaches after a leader leaves office.

The Appeals Chamber said on 22 April 2026 that the Rome Statute’s articles 12 and 13 must be read together with article 127, which governs withdrawal, and that the ICC may exercise jurisdiction over alleged crimes committed while the Philippines was still a State Party. The court’s case materials say the conduct at issue took place in the Philippines between 1 November 2011 and 16 March 2019, while the Philippines’ withdrawal took effect on 17 March 2019, one year after the country notified the court it would leave. The chamber also confirmed an earlier decision of 23 October 2025 that had already found the court could proceed despite the withdrawal.

The ruling preserves the prosecution’s case against Duterte, who was arrested under a warrant issued secretly on 7 March 2025, made public on 11 March 2025, and surrendered to ICC custody on 12 March 2025. His initial appearance took place on 14 March 2025 by video link, and he has remained detained at The Hague since then. The Pre-Trial Chamber had authorized an investigation into the Philippines situation on 15 September 2021 after a preliminary examination had already been conducted, laying the groundwork for the current case.

Prosecutors accuse Duterte of creating, funding and arming death squads that targeted suspected narcotics dealers and users during his presidency from 2016 to 2022. His defense has argued that any killings were authorized only in self-defense, but the Appeals Chamber’s ruling leaves that fight for the merits stage. Outside the courthouse, the decision resonated immediately with families of victims in the Philippines, where some erupted in celebration as the ruling was read. Nanette Castillo, a relative of one victim, captured the emotional force of the moment with a line that echoed across the proceedings: “no one is above the law, even Duterte.”

The stakes extend well beyond one former president. By reaffirming that withdrawal from the ICC does not erase jurisdiction over crimes allegedly committed while a country was still a member, the court strengthened a legal pathway for future cases involving state power, anti-drug crackdowns and other mass abuse claims. For Duterte, the ruling is a direct setback. For the ICC, it is a landmark test of whether international justice can still reach leaders after they leave office.