Former PH President Rodrigo Duterte to Face Trial Before the ICC
The international tribunal has confirmed its jurisdiction over the crimes against humanity committed under Duterte's administration.
by JV Ordoñez
Published on Apr 23, 2026
It's finally happening. Former Philippine President Rodrigo R. Duterte is to face trial before the International Criminal Court after the tribunal ruled on April 22 that it has full authority over the crimes against humanity committed under the previous administration.
The Appeals Chamber upheld the Pre-Trial Chamber's ruling that cited Articles 12 and 13 of the treaty that instituted the ICC, the Rome Statute.
Under these, even if a state withdraws membership from the tribunal, it doesn't retroactively erase accountability for crimes committed while it was still a member.
Based on the decision made public on the ICC's website, erring states would just exit if the loophole of cancelling membership would skirt facing penalization.
Duterte, who is now 80 years old, withdrew Philippine membership in the ICC about a month after the tribunal announced a preliminary probe into his anti-illegal drug campaign. The withdrawal took effect a year later.
Some legal experts and Duterte allies stand by the ICC losing jurisdiction over the crimes that happened during the drug war, citing the aforementioned withdrawal.
The patriarch of the Duterte clan won over Filipino voters in the 2016 presidential race, as many believed in his crime-busting and maverick image. He pledged to eradicate all illegal drugs from the country in just the first six months upon taking office, also targeting about 100,000 criminals.
The octogenarian is now to stand trial after his camp's request to challenge the jurisdiction was scrapped since the crimes committed by law enforcers during his presidency happened while Manila was still a Rome Statute signatory.
"The Appeals Chamber’s interpretation ensures an appropriate balance between the ability of States to effectively withdraw from the Statute and the responsibilities that States accept upon ratification of the Statute, whilst providing a clear timeline within which a preliminary examination must be pursued," the tribunal said.
Presiding Judge Luz del Carmen Ibáñez Carranza delivered the decision in open court, where Duterte was not present after he waived his right to witness it.
The firebrand leader is facing three counts of murder involving alleged drug suspects and for reportedly approving summary executions during his terms as Davao City mayor and President.
In October last year, the Hague-based tribunal convicted Sudnaese militia leader Ali Abd-Al-Rahman or Ali Kushayb of war crimes in Darfur.
The decision was seen as a reality check for Duterte, as it marked the ICC's first-ever conviction.
The Philippine government estimates that more than 6,000 alleged narcotics peddlers and users were killed during the bloody campaign. Though, human rights groups and watchdogs say the actual death toll is much higher, at about 30,000.
According to Human Rights Watch, the drug war has led to more than 12,000 deaths of mostly urban poor suspects, and at least 2,555 of the killings have been attributed to the Philippine National Police.
Read the ICC's full statement and decision here.
Esquire PH's resident music scribe, loafer disciple, and essayist fluent in niche internet subcultures and Philippine politics.
View More Articles About: