An ICC appeals panel will hand down its decision on April 22 on whether the court retains authority to prosecute former Philippine president Rodrigo Duterte on charges of crimes against humanity — a ruling that will determine whether the case advances or collapses before trial.
The five-judge Appeals Chamber tasked with the decision includes Presiding Judge Luz del Carmen Ibáñez Carranza alongside Judges Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin. The composition of the panel carries weight: Judge Lordkipanidze previously sided with the defense in a 2023 jurisdictional dispute over the same case, while Judges Carranza and Bossa took the opposing view. Judges Akane and Damdin have not shown their hand, and both are considered pivotal to the outcome.
At the heart of the appeal is whether Manila’s withdrawal from the Rome Statute — finalized two years before the ICC formally launched its investigation — effectively removes Duterte from the court’s reach. His legal team has pressed this argument consistently, contending that the Philippines’ exit terminated the court’s authority over its nationals.
The pre-trial chamber rejected that position in October 2025, ruling that because the alleged crimes occurred while the Philippines was still a signatory to the Rome Statute, jurisdiction attached at that point and could not be severed by a later withdrawal. The defense challenged the ruling immediately, triggering the appeal now before the chamber.
Should the Appeals Chamber affirm jurisdiction, prosecutors have indicated a trial could begin near the end of 2026, contingent on both sides having adequate preparation time.
The jurisdictional question comes after a week-long confirmation of charges hearing in February, during which the court examined three counts of crimes against humanity tied to 78 killings and attempted killings documented between 2011 and 2019. Prosecutors argued Duterte bore responsibility as an indirect co-perpetrator who orchestrated the violence rather than carrying it out directly.
