The International Criminal Court has dealt a major blow to former President Rodrigo Duterte, rejecting his challenge to the tribunal’s jurisdiction and paving the way for a trial over alleged crimes against humanity tied to his notorious “war on drugs.”

In a 32-page decision signed by all three judges of Pre-Trial Chamber 1, the ICC also dismissed the Duterte defense team’s bid to postpone the ruling on the jurisdiction challenge.

“For all of the above reasons, 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 ruling reads.

The decision rejects the defense’s argument that the Philippines’ 2018 withdrawal from the Rome Statute stripped the ICC of authority over the case—a key legal strategy to block a trial from ever taking place.

“This defeats the Duterte camp’s main legal attempt to prevent an actual trial from taking place—leaving only the question of whether the former president, who has been held at The Hague since March, is fit to stand trial,” the statement said.

ICC Withdrawal Doesn’t Shield Duterte from Investigation, Trial

Duterte and his lawyers have argued that his arrest was unlawful and challenged the court’s jurisdiction, claiming that a full investigation into crimes in the Philippines did not begin until after the country formally left the ICC in 2019.

“The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later,” the defense said.

“As a consequence, all procedural steps taken in the Situation and, subsequently, in the case against Mr Rodrigo Roa Duterte, lack legal foundation and should be nullified forthwith.”

But under ICC rules, a withdrawal does not affect matters “already under consideration by the court.”

“The jurisdictional regime set out in Part 2 of the Statute continues to apply to this case as if the Philippines were still a Party to the Statute, so as to ensure that, pursuant to article 127(2) of the Statute, the withdrawal of the Philippines from the Statute ‘shall not… prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective,’” the judges wrote.

The defense had contended that the ICC lost jurisdiction when the chamber authorized the investigation in September 2021—more than two years after the withdrawal became effective—arguing that Article 12(2) requires a state to be a party “at the time that the Court exercises its jurisdiction.” They also claimed that the preliminary examination was too informal to constitute a matter “under consideration by the Court,” calling it “internal, informal and non-justiciable” and potentially even “the most mundane acts.”

The judges rejected these claims outright, noting that preliminary examinations are “a statutory process which is a necessary precondition to seeking authorisation for the commencement of an investigation” under Article 15 of the Rome Statute and rules 46–50 of the court’s procedural rules.

“The preliminary examination is not ‘too informal in nature’ to encompass a matter that is ‘under consideration’ by the Court,” the decision stated.

What’s Next for Duterte?

The October 23 ruling does not tackle Duterte’s other defense motion—that the 80-year-old is unfit to stand trial due to alleged cognitive decline. A panel of medical experts is set to file a report on his fitness by the end of this month.

Duterte was arrested on March 11 upon his arrival from Hong Kong at the ICC’s request as part of its investigation into his “war on drugs,” a campaign that defined his presidency.

The arrest warrant alleges that Duterte “created, funded, and armed death squads that carried out murders of purported drug users and dealers.” He was flown to The Hague on the same day.

Duterte appeared before ICC judges via video link on March 14. His confirmation-of-charges hearing, originally scheduled for September 23, was postponed at the defense team’s request.

The ICC Pre-Trial Chamber has also rejected the defense’s plea for Duterte’s interim release.

📷 Rody Duterte FB