Proceedings against former President Rodrigo Duterte at the International Criminal Court (ICC) will move forward after the tribunal rejected his bid to challenge its jurisdiction over alleged crimes tied to his administration’s bloody war on drugs.
In a 32-page decision released late Thursday, Oct. 23, the ICC’s Pre-Trial Chamber I ruled that the Philippines’ 2019 withdrawal from the Rome Statute does not negate the Court’s authority over crimes allegedly committed while the country was still a member.
The judges emphasized that states cannot “abuse” their right to withdraw from the treaty “by shielding persons from justice in relation to alleged crimes that are already under consideration.”
Duterte’s legal team, led by international lawyer Nicholas Kaufman, argued that the ICC lacked jurisdiction because the Philippines exited the Court before a full investigation was launched.
Prosecutors had opened a preliminary examination in February 2018, and Duterte ordered the country’s withdrawal the following month.
However, the judges found that the 2018 examination was substantial enough to place the alleged crimes “under consideration” before the withdrawal took effect in March 2019.
Under ICC rules, a member state’s exit does not affect cases already under review.
The ICC probe covers alleged crimes against humanity committed between November 1, 2011—when Duterte was mayor of Davao City—and March 16, 2019, the date the Philippines formally left the Rome Statute.
The Court is investigating thousands of killings linked to Duterte’s anti-drug campaign, which claimed at least 6,000 lives according to police data, and as many as 30,000, according to human rights groups.
Duterte, now 80, was arrested and transferred to The Hague in March following an ICC warrant accusing him of orchestrating murder as part of a widespread and systematic attack on civilians. He has denied all charges.
Thursday’s ruling did not address a separate motion from Duterte’s lawyers seeking to halt proceedings because he is supposedly “not fit to stand trial.” The judges have ordered an independent panel of medical experts to assess his condition, with a report expected by the end of October.
A final decision on his fitness to face trial is expected in mid-November.
In the meantime, Duterte will remain in detention, with judges earlier ruling that he poses a flight risk.
Kaufman said the legal team anticipated this decision and will appeal it.
The Duterte administration had previously sought to suspend the ICC investigation, arguing that Philippine authorities were already addressing the same allegations. But in 2023, ICC appeals judges ruled that the probe could resume, reaffirming that the international court retains jurisdiction despite Manila’s withdrawal.
Early this month, the ICC denied Duterte’s request for interim release, saying his continued detention remains necessary under the court’s founding statute. The Prosecution has said that Duterte’s detention remained necessary due to his rejection of the court’s authority. They also warned that his release could jeopardize witnesses and obstruct ongoing investigations, and cited his past public remarks that might encourage violence. (Argyll Geducos)
