Palace: ICC has jurisdiction on cases when Duterte was mayor until 2019

Rodrigo Roa Duterte’s initial appearance took place on March 14, 2025, at 14:00 hours (The Hague local time), before Pre-Trial Chamber I of the International Criminal Court (“ICC” or “Court”). ©ICC-CPI

MANILA, Philippines — Malacañang on Tuesday maintained that the International Criminal Court (ICC) retains jurisdiction over the crimes committed. At the same time, the Philippines was a member, up until its withdrawal from the Rome Statute.

Presidential Communications Office Undersecretary Claire Castro made the pronouncement when asked if the Palace shared the view that the ICC had jurisdiction over the killings that occurred before 2019 under former President Rodrigo Duterte’s war on drugs.

“Una ang sinabi kasi ng Pangulo is walang jurisdiction ngayon, ngayon, totoo naman po, walang jurisdiction ang ICC ngayon,” Castro first clarified.

(First, the President said that there is no jurisdiction now; now, that is true, the ICC has no jurisdiction now.)

“Pero kung pagbabasehan po natin ang sinabi ng Supreme Court sa kanilang naging desisyon, although, it’s an obiter dictum, but still pronouncement pa rin ng Supreme Court na lahat po, na lahat po ng nangyari na krimen na sakop po ng ICC at ayon rin po sa Rome Statute na naganap prior to the withdrawal from the Rome Statute, mayroon po jurisdiction ang ICC,” she explained.

(But if we base what the Supreme Court said in their decision, although, it’s an obiter dictum, but still the Supreme Court’s pronouncement is that all crimes that occurred that are covered by the ICC and according to the Rome Statute that occurred prior to the withdrawal from the Rome Statute, the ICC has jurisdiction.)

Castro was referring to a decision by the High Court in 2021 penned by Senior Associate Justice Marvic Leonen, which reminded the Philippine government that “withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member.”

The period covered by the ICC against the former President was from when he was still mayor of Davao until 2019.

Meanwhile, it was in 2011 when the Philippines ratified the Rome Statute and became a member of the ICC. It was only in March 2019, when the Philippines left under the Duterte regime.

READ: Retired SC exec: PH still has obligation to cooperate with ICC probe

The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs which left at least 6,000 people dead, and human rights groups reporting at least 20,000 killed.

Duterte’s arrest has been widely divisive, especially among his supporters, as his camp persistently rejected the arrest, arguing that the Philippines is no longer a member of the ICC.

Petitions for habeas corpus filed by the former President’s children are currently being tackled before the Supreme Court.