MANILA – For the second time, the International Criminal Court (ICC) confirmed its jurisdiction in Rodrigo Duterte’s alleged crimes against humanity, through the recent decision of its Appeals Chamber on April 22, 2026.

“Gone are the days that we have to hide,” said Joel Ejacordas, who lost a sibling due to Rodrigo Duterte’s so-called drug war. He works for Silingan Coffee, a business and space dedicated for the victims of extrajudicial killings during Duterte’s administration.

The ICC Appeals Chamber rejected all four grounds of Duterte’s appeal to challenge the jurisdiction, affirming the ICC Pre-Trial Chamber I’s decision on October 23, 2025. Due to this, the defense’s request for Duterte’s immediate and unconditional release is declared moot.

“The Appeals Chamber considers that the Defence has failed to demonstrate that the Pre-Trial Chamber committed an error of law in finding that the “object and purpose” of the Statute permitted the opening of an investigation even after the Philippines’ effective withdrawal from the Statute,” the decision reads.

The court also emphasized that the Court has the power to exercise its jurisdiction, pursuant to the article 127 (2) of the Rome Statute. The provision stipulates that the State shall not be discharged from any obligations by the reason of its withdrawal – it shall not affect any criminal investigations and proceedings of the ICC, especially crimes committed prior to the withdrawal.

On February 8, 2018, the ICC Prosecutor announced that there will be a preliminary investigation about the situation in the Philippines. A year after – on March 17, 2019 – the withdrawal of the Philippines from the Rome Statute took effect.

Families of the so-called “war on drugs” gather to collectively watch the decision of ICC Appeals Chamber. Photo by Dominic Gutoman/Bulatlat.

“Even now, our hearts are still pounding. This is what it feels like to win a battle. We, the families, are very, very happy,” said drug war widow Jane Lee in Filipino. “We were confident the decision would go in our favor, but until we heard it directly from them, we couldn’t quite believe it—so now, the question of jurisdiction is finally settled.”

Of more than 30,000 victims documented by human rights groups, only five cases resulted in court convictions. For every 6,000 killed, only one case resulted in a court conviction.

Read: ICC case against Rodrigo Duterte

The families, human rights organizations, and their legal counsels welcomed the ICC Appeals Chamber’s decision.

“This latest decision eliminates an important legal obstacle to the confirmation of charges against Duterte and practically gives the green light for the trial to proceed,” said Karapatan Secretary General Cristina Palabay in a statement. “This decision, which is another legal victory, is a product of the Filipino people’s unrelenting, persevering, and staunch struggle for truth, justice, and accountability.”

ICC-listed counsel and Philippine-based common legal representatives Joel Butuyan and Gilbert Andres said that the decision sends a strong message to the international community of states that mere withdrawal from the Rome Statute does not protect the officials from criminal accountability.

“The victims also view the Appeals Chamber Decision as the triumph of their right, under international law, to truth and justice for their loved ones murdered under Mr. Duterte’s anti-drug campaign. The Appeal Decision effectively affirms that the ICC proceedings are also victim centered,” they said in a statement. “Ultimately, the ICC Appeals Decision confirms that impunity does not pay even in withdrawal.”

Drug war families rejoice upon hearing the decision of ICC Appeals Chamber, affirming the court’s jurisdiction over Rodrigo Duterte’s alleged crimes against humanity. Photo by Dominic Gutoman/Bulatlat.

While the families celebrate it as a monumental victory, they still lamented the failure of domestic accountability mechanisms to provide justice for them.

Donna Miranda, whose brother Emilian Gray was killed vigilante-style on January 9, 2017 still remembered what the authorities told them.  “When we sought the help of the police, instead of investigating, they told us that he was on a drug watchlist. And we heard nothing since then, no investigation prospered,” Miranda told Bulatlat in Filipino.

Emilian owned a water refilling station in San Pedro, Laguna. He was shot dead by two unidentified men while preparing water bottles. No illegal drugs were found when he was killed.

Lee added, “It is sad that we can only see the glimpse of justice in the international court, instead here in the Philippines. We are hoping that not only Duterte, but all those who carried out the fake war on drugs, will be held accountable.”

The ICC identified key officials as co-perpetrators of Duterte’s common plan in a less redacted document containing charges. These include: former police chiefs Ronald “Bato’ dela Rosa (incumbent senator), Vicente Danao, Camilo Cascolan (deceased), Oscar Albayalde and Isidro Lapeña, former justice secretary Vitaliano Aguirre II and Sen. Christopher “Bong” Go.

Read: ICC identifies Duterte’s co-perpetrators in ‘drug war’

“The Appeals Chamber chose the side of the victims over the side of the perpetrators. We hope that the Pre Trial Chamber will soon confirm the charges of murder against Duterte,” said Jojo Lacanilao, convenor of Duterte Panagutin Campaign Network.

Beyond the appeal decision, both families and groups are anticipating the decision of the ICC Pre-Trial Chamber I in the upcoming weeks about Duterte’s confirmation of charges.

A day after the ICC Appeals Chamber’s decision, the ICC Pre-Trial Chamber I unanimously confirmed all the charges comprised of three counts of crimes against humanity brought by the Prosecutor against Duterte and committed him to trial before a Trial Chamber.

ICC Assistant to Counsel Kristina Conti said that the following months will be utilized to process the inclusion of more victims in the case upon the confirmation of charges. As of now, there are more than 500 victims authorized to participate in the proceedings. (RVO)

Follow Bulatlat’s coverage of Duterte’s alleged crimes against humanity of murder and attempted murder through our page: #DuterteCrimesWatch.

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