The International Criminal Court (ICC) has dismissed former Philippine President Rodrigo Duterte’s challenge to its jurisdiction, ruling that the tribunal retains authority to prosecute alleged crimes against humanity committed during his administration’s controversial “war on drugs.”
In a 32-page decision issued by Pre-Trial Chamber I, all three judges unanimously agreed that the court can proceed with the case despite the Philippines’ 2018 withdrawal from the Rome Statute. The ruling also denied the defense’s request to delay the decision.
“For all of the above reasons… the Chamber finds that the Court can exercise its jurisdiction in the present case over the crimes alleged against Mr. Duterte that were committed on the territory of the Philippines while it was a State Party,” the decision stated.
The Duterte camp had argued that the country’s withdrawal from the ICC, which took effect on March 17, 2019, nullified any investigation or prosecution. His lawyers insisted that actions taken by the prosecution after the withdrawal “lack legal foundation and should be nullified forthwith.”
However, the judges reaffirmed that under Article 127(2) of the Rome Statute, a withdrawal “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.” They emphasized that the preliminary examination into Duterte’s anti-drug campaign began before the Philippines’ withdrawal was formalized.
The Chamber also rejected the defense’s claim that preliminary examinations are too “informal” to qualify as cases “under consideration” by the court. The judges clarified that such examinations are an integral procedural step “which is a necessary precondition to seeking authorization for the commencement of an investigation.”
The ruling effectively clears the way for the ICC to move forward with a full trial against Duterte, who has been detained at The Hague since March following his arrest on the court’s request. The tribunal alleges that Duterte “created, funded, and armed death squads” responsible for thousands of extrajudicial killings during his presidency.
A separate panel of medical experts is currently assessing the 80-year-old former leader’s fitness to stand trial, with a report expected by the end of the month.
