Duterte camp eyes UN challenge to ICC jurisdiction after detention ruling

Following the ICC Appeals Chamber's March 6 decision upholding former president Rodrigo Duterte's detention, his Filipino legal team, led by Salvador Panelo, is planning to raise the court's jurisdiction issue at the United Nations. Panelo argues the ICC lacks authority over the case, emphasizing it is not a UN body.

Salvador Panelo, Duterte's former chief legal counsel, announced the strategy in an interview with Bilyonaryo News Channel, stating, "How can (the ICC) convict (former president Duterte) if it has no jurisdiction? That's why I am planning to bring the issue before the United Nations." He highlighted that the ICC is not part of the UN and aims to publicize any potential injustice from a conviction.

Panelo also contended that the case should be dismissed on its merits, criticizing the ICC's assumption of jurisdiction despite what he sees as a lack thereof.

This development comes after the ICC Appeals Chamber unanimously affirmed Pre-Trial Chamber I's January 26 order for Duterte's continued detention, rejecting arguments over a medical report (as detailed in prior coverage). Duterte, facing charges of crimes against humanity including murder linked to the Davao death squad and his anti-drug campaign, has been at the ICC detention center since his March 2025 arrest in the Philippines.

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The International Criminal Court's appeals chamber ruled on April 22, 2026, to reject all four grounds of former president Rodrigo Duterte's appeal on jurisdiction, stemming from the Philippines' 2019 withdrawal from the Rome Statute. The decision clears the path for the pre-trial chamber to determine if the case proceeds to trial, expected by April 28. Both Duterte's critics and supporters in The Hague vowed to continue their campaigns.

The ICC Registry has formally transmitted the pre-trial decision confirming charges against former President Rodrigo Duterte to the International Criminal Court presidency. The charges involve crimes against humanity linked to his administration's anti-drug campaign and the Davao death squad. The presidency is expected to soon constitute a trial chamber for the case.

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The International Criminal Court's Pre-Trial Chamber confirmed all three charges of crimes against humanity against former Philippine president Rodrigo Duterte on Thursday, April 23. The case will now proceed to full trial over alleged murders linked to his war on drugs and the Davao Death Squad. Duterte remains detained at the ICC Detention Centre in Scheveningen, Netherlands.

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