Former Philippine President Rodrigo Duterte’s legal team has formally contested the International Criminal Court’s (ICC) jurisdiction over his alleged crimes against humanity, arguing that the court lacks authority following the Philippines’ withdrawal from the Rome Statute in 2019.
In a 38-page filing dated May 1, 2025, Duterte’s defense contends that the ICC cannot prosecute him for actions taken during his administration’s controversial war on drugs.
The defense asserts that the ICC’s jurisdiction is limited to crimes committed while the Philippines was a party to the Rome Statute, which it ceased to be on March 17, 2019.
“The International Criminal Court is not in a position to exercise jurisdiction in the Philippines situation after the country’s effective withdrawal from the Rome Statute,” the defense stated in its submission.
“The Defence requests the Pre-Trial Chamber find that there is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte and to order his immediate and unconditional release,” it added.
The defense further argues that the ICC’s reliance on Article 127(2) of the Rome Statute, which allows the court to continue proceedings initiated before a state’s withdrawal, is misplaced.
They claim that preliminary examinations do not constitute “matters under consideration” as defined by the statute.
This jurisdictional challenge comes after the ICC issued an arrest warrant for Duterte on March 7, 2025, citing “reasonable grounds” to believe he is responsible for crimes against humanity, particularly murder, committed between November 2011 and March 2019.
Duterte was subsequently arrested by Philippine authorities on March 11 and surrendered to the ICC, where he remains in custody.
The ICC’s investigation has also named several other individuals as co-perpetrators, including Senator Ronald “Bato” Dela Rosa, the former chief of the Philippine National Police, who was instrumental in implementing the anti-drug campaign known as “Oplan Tokhang.”
The Philippine government’s cooperation with the ICC has sparked political debate. Supporters of Duterte argue that the ICC’s actions infringe upon national sovereignty, while human rights advocates view the proceedings as a step toward accountability for thousands of extrajudicial killings during the drug war.
The ICC has scheduled a confirmation of charges hearing for September 23, 2025, to determine whether there is sufficient evidence to proceed to trial. Duterte’s defense team has requested that the court address the jurisdictional challenge before moving forward with the case. (TCSP)
