The International Criminal Court’s (ICC) Office of the Prosecutor has urged the Appeals Chamber to reject former President Rodrigo Duterte’s bid to block the Court’s jurisdiction, asserting that the Philippines’ withdrawal from the Rome Statute does not exempt him from accountability for alleged drug-war crimes committed while the country was still a member.
In a 22-page submission, prosecutors stressed that the Pre-Trial Chamber had already “confirmed the Court’s lawful exercise of jurisdiction in this situation,” noting that this position aligns with the ICC’s mandate and the principles laid out in the Rome Statute.
The filing reiterated that the ICC maintains authority because the alleged crimes were committed during the Philippines’ period as a State Party.
As the prosecution noted: “The Court can exercise its jurisdiction over crimes allegedly committed on the territory of the Philippines while it was still a State Party, because the Prosecution had commenced the preliminary examination before the Philippines had either notified its intention to withdraw or before that withdrawal became effective.”
Prosecutors further argued that the country’s 2019 withdrawal does not nullify previously accepted ICC oversight, saying: “Finding that the withdrawal from the Statute would now bar the Court’s exercise of jurisdiction would strike at the heart of the Philippines’ status as a State Party at the time of the alleged crimes.”
They warned that such an interpretation would amount to an “ex post facto act” that undermines the very purpose of the Rome Statute.
The Office of the Prosecutor is asking the Appeals Chamber to dismiss Duterte’s challenge in full, asserting that jurisdictional foundations remain firmly intact.