The International Criminal Court’s Pre-Trial Chamber I has rejected the challenge filed by former President Rody Duterte’s camp questioning the tribunal’s jurisdiction over his case involving crimes against humanity. The decision confirms that the ICC can proceed with Duterte’s prosecution for three counts of murder tied to 49 killings during his administration’s war on drugs.
In a 32-page ruling dated October 23, Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera ruled that the Philippines’ withdrawal from the Rome Statute in 2019 does not exempt it from accountability for crimes committed while still a member. The court said its jurisdiction remains intact over acts committed between 2011 and 2019, when the Philippines was a state party.
The ICC cited Article 127(2) of the Rome Statute, which ensures that any withdrawal from the treaty “shall not prejudice” ongoing proceedings or investigations initiated before it took effect. The judges said the provision prevents states from exploiting withdrawal to evade justice or protect individuals from prosecution.
Duterte’s defense, led by international lawyer Nicholas Kaufman, argued that the ICC’s investigation—authorized in September 2021—was invalid because it occurred two years after the country’s withdrawal became effective. The chamber rejected this claim, noting that the preliminary examination began in 2018, well before the withdrawal, and therefore remains under ICC jurisdiction.
The decision also highlighted that the Philippine government continued to engage with the court even after withdrawal, including its 2021 request to defer the investigation and its subsequent surrender of Duterte to ICC custody in March 2025. Duterte is currently detained at the Scheveningen Prison in The Hague and is scheduled for medical evaluation to determine his fitness for trial.
