THE OFFICE of the Prosecutor and the Office of Public Counsel for Victims have jointly requested the Appeals Chamber of the International Criminal Court (ICC) to reject the appeal filed by former President Rodrigo Duterte concerning the court’s jurisdiction over him.
The request was formally filed as the Prosecution Response to “Appeal Brief on Jurisdiction” on Dec. 8, 2025, before the ICC Appeals Chamber.
The document, which addresses the “Situation in the Republic of the Philippines in the case of The Prosecutor v. Rodrigo Roa Duterte,” asks the Appeals Chamber to uphold the earlier decision that affirmed the ICC’s jurisdiction.
The prosecution argued before the Chamber that the interpretation of Articles 12(2) and 13(c) of the Rome Statute—which deal with the Court’s jurisdiction—was correct.
The OTP maintained its position that the key factors for determining jurisdiction should not be viewed in isolation, but rather through a broader understanding of the Statute’s purpose, including:
- The object and purpose of the Statute.
- The majority of the Court’s prior caselaw.
- The context provided by Articles 11(2), 12(1), and 29 of the Statute.
The Prosecution proposed that the Appeals Chamber invite all relevant parties to make further concise submissions on these matters if deemed necessary, under regulation 28.
Appeals Chamber composition
The Appeals Chamber hearing the response was presided over by Judge Luz del Carmen Ibáñez Carranza, and includes Judge Tomoko Akane, Judge Solomon Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin.
The document serves as the formal rebuttal by the Prosecution to the former President’s legal challenge against the Court’s authority to proceed with the investigation.
