The International Criminal Court (ICC) Appeals Chamber has decisively rejected former Philippine President Rodrigo Duterte's bid for release and affirmed its jurisdiction over him in relation to the alleged crimes committed during the Philippines' "war on drugs" campaign. The ruling, delivered today, April 22, 2026, dismisses all four grounds of appeal presented by Duterte's defense, meaning he will remain in ICC custody at The Hague.
The Appeals Chamber unanimously confirmed the prior decision to keep Duterte detained, concluding that he poses a flight risk, could obstruct proceedings, and might commit further crimes if released. This determination was based on factors including Duterte's previous non-recognition of the ICC's jurisdiction. The court found that a preliminary examination had already begun before the Philippines withdrew from the Rome Statute, thus establishing continuing jurisdiction over the alleged crimes.
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Defense Efforts Thwarted
Duterte's legal team had pursued multiple avenues to halt the pre-trial proceedings and secure his release, citing his age and declining health. These efforts, however, were deemed "moot" by the Appeals Chamber. His lawyers, Nicholas Kaufman and Dov Jacobs, were present during the proceedings, though Duterte himself waived his attendance. The court has indicated that with jurisdiction settled, the case will proceed to further procedural phases, including the confirmation of charges, which could lead to a trial.
Background to the Detention
The investigation into the situation in the Philippines commenced following a request by ICC prosecutors on May 24, 2021. The probe centers on alleged crimes occurring between November 1, 2011, and March 16, 2019, within Philippine territory, linked to the government's "war on drugs" campaign. Prosecutors believe Duterte, in his role as leader of the Davao Death Squad (DDS) and later as President, bears responsibility for the killings of individuals described as criminals or drug offenders, initially in Davao and subsequently nationwide.
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The Philippines, a party to the Rome Statute since November 1, 2011, formally notified the ICC of its withdrawal on March 17, 2018. However, the court maintains that its jurisdiction continues for alleged crimes committed while the country was a member state. Duterte was arrested in Manila in March 2025 on an ICC arrest warrant and subsequently transferred to the court's detention unit. Families of victims have expressed their support for Duterte's arrest and the ongoing proceedings.
