The International Criminal Court (ICC) has dismissed the argument by former Philippine President Rodrigo Duterte’s defense that the tribunal lacks jurisdiction to try him, clearing the way for proceedings to move forward.
Duterte’s legal team contended that because the Philippines withdrew from the Rome Statute—the ICC’s founding treaty—on March 17 2019, the court no longer had authority to prosecute him. They argued that when the ICC opened a formal investigation in 2021, the Philippines was no longer a State Party, so the court’s exercise of jurisdiction was invalid.
However, the Pre-Trial Chamber found that the ICC’s prosecutor had launched a preliminary examination in February 2018—while the Philippines was still a party to the Statute—and that therefore the case was already “under consideration” by the court before the withdrawal took effect. The court held that Article 127(2) of the Rome Statute means a state cannot use withdrawal to evade ongoing investigations.
With this key obstacle removed, the only remaining major question is whether Duterte is medically fit to stand trial, a matter the court is still resolving.