The ICC says yes: on April 22, 2026, its Appeals Chamber, by majority, rejected Rodrigo Duterte’s appeal and confirmed that the court can exercise jurisdiction over alleged crimes committed while the Philippines was a member of the Rome Statute, from 2011 to 2019. One judge, Judge Lordkipanidze, partly dissented, and the defense has argued throughout that the Philippines’ withdrawal ended the court’s authority (ICC).
Duterte, 81, remains in ICC custody in The Hague, and his trial is scheduled to open on November 30, 2026. Below are the jurisdiction and evidence questions at the core of the case, and where it stands now.
Why does Duterte’s defense say the ICC has no jurisdiction?
The Philippines formally withdrew from the Rome Statute, with the withdrawal taking effect in 2019. Duterte’s defense argued that this meant the court had no jurisdiction over the case (Reuters). The Duterte government also maintained that the anti-drug campaign was a domestic law-enforcement matter and that Philippine institutions could address any alleged abuses—an argument grounded in the principle that states have the primary right to prosecute crimes on their territory.
How did the ICC answer the jurisdiction challenge?
Pre-Trial Chamber I rejected the defense challenge on October 23, 2025. The Appeals Chamber confirmed that ruling on April 22, 2026. It said articles 12 and 13 of the Rome Statute should be read together with article 127 on withdrawal, and that it would be incompatible with the Statute’s purpose to let a state evade its responsibilities by withdrawing once it learns alleged crimes are being examined. It also said a state’s right to withdraw would not be effective if the court could exercise jurisdiction indefinitely afterward. The defense’s request for Duterte’s immediate release was declared moot (ICC). Judge Lordkipanidze would have granted part of the appeal.
How did Duterte end up in The Hague?
Pre-Trial Chamber I issued a warrant on March 7, 2025. Philippine authorities arrested Duterte in Pasay City on March 11, he was surrendered to the court on March 12, and he made his initial appearance on March 14. After a confirmation of charges hearing from February 23 to 27, 2026, the chamber confirmed three counts of crimes against humanity on April 23, 2026, and committed him to trial before Trial Chamber III.
What are the main evidence fights?
The defense has argued that the prosecution’s evidence has become unmanageable. In a September 25 motion, it said disclosure grew from 5,275 items at the confirmation stage to 62,130 items—roughly 320,000 pages plus about 1,000 audiovisual files—and asked the court to cap the record at 10,000 items without postponing the trial. Read our report: Duterte defense asks ICC to cap prosecution evidence.
On September 28, the chamber denied a defense request to require expert verification of open-source and user-generated evidence, saying it could cause needless delay. On October 2, it provisionally allowed prosecutors to introduce prior recorded testimony of a witness identified as P-1100, subject to the witness appearing and consenting, while rejecting four associated items (Philstar; Philstar). At trial, prosecutors must meet the high evidentiary threshold for crimes against humanity, and the defense will test that evidence in open court.
Where does the Duterte ICC case stand now?
- Fit to stand trial. On October 8, 2026, the ICC made public a September 28 decision by Trial Chamber III finding Duterte fit to stand trial. An independent expert panel unanimously found he can understand the charges, follow the proceedings and instruct his lawyers. The chamber rejected defense requests for an additional medical examination and to question the panel, and adopted measures to help him take part (ICC).
- Trial date. On May 27, 2026, Trial Chamber III set the opening of the trial for November 30, 2026 (ICC).
- Detention. Trial Chamber III ruled he should stay detained, citing the likelihood that he could abscond or obstruct proceedings. He appeared in person for the first time on September 16, 2026, at a status conference where his health and fitness were argued (Philstar).
What happens next?
From November 30, 2026, prosecutors must prove three counts of crimes against humanity, and Duterte’s defense gets its chance to answer them. The case will test the balance between state sovereignty and international accountability. At home, the Duterte name is also at the center of the Senate trial of Vice President Sara Duterte; see the 14-vote conviction rule explained and our column A Shrinking Case Is Not a Stronger Case.
Frequently asked questions
Does the ICC have jurisdiction over Duterte after the Philippines withdrew?
The ICC Appeals Chamber ruled by majority on April 22, 2026 that it does, for alleged crimes committed while the Philippines was a Rome Statute member (2011–2019). One judge partly dissented.
When does Duterte’s ICC trial start?
November 30, 2026, before Trial Chamber III.
What is Duterte charged with?
Three counts of crimes against humanity, confirmed by Pre-Trial Chamber I on April 23, 2026. He has not been convicted.
Is Duterte fit to stand trial?
Trial Chamber III found him fit in a September 28, 2026 decision made public on October 8. His defense had contested his fitness.
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