The International Criminal Court (ICC) has rejected the jurisdictional challenge filed by the camp of former President Rodrigo Duterte regarding the tribunal’s authority to investigate alleged crimes committed during his administration’s bloody war on drugs.
In its ruling issued by the ICC Pre-Trial Chamber I on Thursday, October 23, the Court affirmed that the Philippines’ withdrawal from the Rome Statute does not affect its jurisdiction over alleged crimes committed while the country was still a member state.
“As a result of the Prosecution’s preliminary examination having commenced prior to both the Philippines depositing its written notification of withdrawal from the Statute and the date on which that withdrawal became effective, the Chamber finds that the Court can exercise its jurisdiction in the present case over the crimes alleged against Mr. Duterte that were committed on the territory of the Philippines while it was a State Party,” the ICC said.
The Court further emphasized that a state cannot abuse its right to withdraw from the Rome Statute to shield individuals from accountability for crimes that were already under preliminary examination.
The decision came in response to the argument raised by Duterte’s legal counsel, Atty. Nicholas Kaufman, who maintained that the ICC has no authority to pursue the investigation since the Philippines had already withdrawn from the Statute before the formal probe began.
However, the ICC noted that its preliminary examination into the situation in the Philippines had already been initiated in February 2018, months before Duterte ordered the country’s withdrawal from the international tribunal.
The Pre-Trial Chamber dismissed the appeal, stating that the 2018 examination was sufficient to place the alleged crimes under ICC jurisdiction, as they occurred while the Philippines was still a State Party.
With the jurisdictional challenge denied, the ICC reaffirmed its authority to continue investigating Duterte’s alleged crimes against humanity in relation to the anti-drug campaign.
As of now, the Court has not yet set a date for the confirmation of charges hearing against Duterte, pending the resolution of his fitness to stand trial evaluation.