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ICC Rejects Duterte’s Challenge to Jurisdiction, Paving Way for War on Drugs Trial

A judge’s silhouette with a gavel is shown beside the ICC logo and a photo of a serious-looking man on a blue background.
A judge’s silhouette with a gavel is shown beside the ICC logo and a photo of a serious-looking man on a blue background.

The Hague, Oct. 23, 2025 — Judges at the International Criminal Court (ICC) have dismissed former Philippine president Rodrigo Duterte’s challenge to the court’s jurisdiction, allowing proceedings against him to continue, according to a decision published Thursday.

Duterte, who served as president from 2016 to 2022, was arrested in March on an ICC warrant linking him to murders committed during his bloody “war on drugs.” Thousands of suspected drug users and dealers were killed in anti-narcotics operations during his tenure.

A judge’s silhouette with a gavel is shown beside the ICC logo and a photo of a serious-looking man on a blue background.

His defense team argued the arrest was unlawful and that the ICC had no authority over the case because the Philippines had withdrawn from the Rome Statute in 2019—before a formal investigation was opened.

However, the judges ruled that the prosecutor’s preliminary examination, initiated before the withdrawal, was sufficient to bring the matter “under consideration” by the court. Therefore, the Philippines’ exit did not strip the ICC of jurisdiction.

The decision does not yet address Duterte’s separate motion to halt the trial on health grounds. ICC judges have appointed a panel of medical experts to assess whether the 80-year-old is fit to stand trial, with their report expected by the end of October. A ruling on his condition is anticipated in mid-November.

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