The legal team of former president Rodrigo Duterte has formally asked the International Criminal Court (ICC) to drop its case against him, asserting that the tribunal no longer holds jurisdiction over the Philippines following its withdrawal from the Rome Statute in 2019.
In a 38-page filing dated May 1, Duterte’s lawyers argued that the ICC cannot proceed with the case since the country’s exit from the treaty became effective on March 17, 2019. The defense emphasized that any move to assert jurisdiction should have been made before the withdrawal took effect.
Citing provisions of the Rome Statute, the team stated that the Court can only exercise jurisdiction if the country involved is still a party to the agreement at the time a decision is made to investigate. They questioned the ICC’s reliance on Article 127(2) to justify continued proceedings, stating it does not override Article 12(2), which outlines the prerequisites for jurisdiction.
The defense also argued that the preliminary examination conducted by the ICC Prosecutor before the formal probe does not qualify as a proceeding under the Court’s authority. They maintained that references to “the Court” in the statute generally pertain to judges, not prosecutors.
They also dismissed the relevance of past ICC decisions in other cases, saying the context and timing were different from Duterte’s situation.
Communications Undersecretary Claire Castro, in a media briefing on May 2, said that the filing is part of due process and that it’s up to the ICC to respond accordingly. She added that the Philippine government maintains its position of non-cooperation with the ICC, as previously indicated by Duterte’s legal team.
Whether or not a formal letter was sent by President Marcos affirming this stance, Castro said, “It doesn’t change the fact that we will not intervene.”
Duterte, who was arrested on March 11 and appeared before the ICC on March 14, is facing charges of crimes against humanity. His confirmation of charges hearing is scheduled for September 23.
