JUDGES of the International Criminal Court (ICC) have affirmed the court’s jurisdiction over the crimes against humanity case involving former president Rodrigo Duterte’s anti-illegal drugs campaign.
In a ruling dated Oct. 23, ICC Pre-Trial Chamber I Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera rejected the argument that the court has no jurisdiction since the Philippines had already withdrawn from the Rome Statute when the full investigation was authorized in September 2021.
The chamber clarified that under Article 127(2) of the Statute, the Philippines’ withdrawal in March 2019 “shall not prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
“The jurisdictional regime set out in Part 2 of the Statute continues to apply to this case as if the Philippines were still a Party to the Statute,” the ruling stated.
The judges emphasized that there is no time limit restricting the ICC from exercising jurisdiction over crimes committed while a state was still a party to the Statute. They said the provision aims to prevent a state from using its withdrawal to shield individuals from accountability.
The decision also recognized that the prosecution’s preliminary examination—opened in February 2018, before the Philippines formally notified its withdrawal—was enough to establish that the matter was already under the ICC’s consideration.
Duterte’s legal team had argued that a preliminary examination is not a “matter under consideration,” claiming it is an informal and non-justiciable stage. However, the chamber ruled that the phrase “any matter” in Article 127(2) covers all procedural stages, including preliminary examinations.
The ruling did not address Duterte’s pending motion seeking to halt proceedings on the grounds that he is allegedly unfit to stand trial.
