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The misleading post misrepresents a 2023 ICC ruling to falsely claim that judges are set to grant Duterte’s release
Claim: Detained former president Rodrigo Duterte is set to come home to the Philippines after three International Criminal Court (ICC) judges decided to reject his case.
Rating: FALSE
Why we fact-checked this: The video posted on TikTok features the image and name of former judge Marc Perrin de Brichambaut, with text stating “Duterte makakauwi na” (Duterte is coming home) and “The majority rejects the fourth round of appeal in its entirety.” This video has amassed over 17,600 reactions, 2,597 comments, and 457 shares as of writing.
The facts: Duterte’s case with the ICC is ongoing, and there is no ruling about his release, contrary to the claim.
The video misrepresents a July 2023 ICC ruling rejecting an appeal filed by the Philippine government that sought to halt the ICC’s investigation into thousands of drug war-related killings under Duterte’s presidency and during his time as Davao City mayor.
The July 2023 decision essentially allowed the ICC probe to proceed, eventually leading to the March 2025 arrest of Duterte.
A five-judge panel decided on the 2023 ruling, with three judges voting to dismiss the Philippine government’s appeal: Judges Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, and Piotr Hofmański of Poland. Presiding Judge de Brichambaut of France and Judge Gocha Lordkipanidze of Georgia dissented.
The image featured in the TikTok video was from a Rappler video published on July 18, 2023, which was taken out of context to falsely claim that the ICC had dismissed the case against Duterte.
Duterte’s fate in the ICC: Duterte remains detained in The Hague, Netherlands, on charges of crimes against humanity.
On May 2, Duterte asked the ICC to junk the case against him on the basis of jurisdiction. He is set to face the court in September for his confirmation of charges hearing.
Related claims: Disinformation regarding the former president’s ICC arrest has revolved mainly around false claims regarding his supposed release and return to the Philippines:
– Cyril Bocar/Rappler.com
Efren Cyril Bocar is a student journalist from Llorente, Eastern Samar, enrolled in English Language Studies at the Visayas State University. A managing editor of Amaranth, Cyril is a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024.
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