THE INTERNATIONAL Criminal Court (ICC) Appeals Chamber has issued a new “Order for Further Submissions” in the ongoing legal battle over whether the court has jurisdiction to investigate alleged crimes committed in the Philippines during the administration of former President Rodrigo Duterte.
The order, dated December 16, 2025, follows Duterte’s appeal against a previous Pre-Trial Chamber decision that upheld the court’s authority despite the Philippines’ withdrawal from the Rome Statute.
The Appeals Chamber determined that critical legal issues regarding the court’s jurisdiction were not sufficiently addressed in prior submissions or decisions.
To gain clarity, the Chamber has invited additional written observations from the Deputy Prosecutor and the Office of Public Counsel for Victims (OPCV).
The Chamber specifically requested the parties to address:
- Interpretation of Articles 12(2) and 13(c): How these articles should be understood within the Court’s legal framework on jurisdiction.
- Interaction of Articles 12, 13, and 127: The legal consequences of how these articles interact, both generally and specifically, regarding the Philippine situation.
While the order allows for further legal debate, it was a mixed result for Duterte’s legal team.
The Appeals Chamber rejected the Defense’s specific request for leave to reply to the Deputy Prosecutor’s previous response to their appeal brief.
However, the Defense will still have an opportunity to respond to the new observations submitted by the Prosecutor and the OPCV.
Key deadlines
The Chamber has set a timeline for the next phase of the appeal:
- Jan. 16, 2026 (4:00 PM Hague Time): Deadline for the Deputy Prosecutor and OPCV to file their observations.
- Jan. 23, 2026 (4:00 PM Hague Time): Deadline for the Defense to file its response.
