The International Criminal Court (ICC) has reiterated its jurisdiction over crimes allegedly committed in the Philippines before the country’s withdrawal from the Rome Statute, according to ICC spokesperson Fadi El Abdallah. This includes cases occurring between 2011 and 2019, the year the Philippine government formally exited the international tribunal.
In an interview on “State of the Nation” on Tuesday, El Abdallah emphasized that despite the Philippines’ withdrawal, the ICC retains the authority to investigate and prosecute crimes that took place during the period when the country was still a signatory to the treaty.
Regarding the legality of the arrest of former President Rodrigo Duterte, El Abdallah stated that the decision rests with the ICC judge. The process of surrendering a defendant to the ICC, he added, depends on the laws of the country involved.
The Philippine Supreme Court ruled in 2021 that the government is obligated to cooperate in any criminal proceedings initiated before its withdrawal from the Rome Statute took effect. This ruling underscores the country’s legal responsibility to comply with ICC processes in cases that were already under investigation before its exit.
Duterte was arrested in Manila on March 11 following the issuance of an ICC arrest warrant in connection with alleged crimes against humanity tied to his administration’s controversial war on drugs. The former president was transferred to The Hague Penitentiary Institution, also known as Scheveningen Prison, arriving at 7:34 p.m. on March 12 (2:34 a.m. on March 13, Philippine time).
On March 14, Duterte appeared before the ICC via video link, where the court formally presented the charges against him concerning the thousands of drug-related deaths that occurred during his tenure. Police records estimate around 6,000 fatalities from anti-drug operations, though human rights organizations claim the actual number could be as high as 30,000, including vigilante killings.
During the proceedings, Duterte was informed of his rights under the Rome Statute. The ICC has scheduled the confirmation of the charges hearing to commence on September 23, 2025, marking a critical stage in the case against the former Philippine leader.
DC Alviar
Professor DC Alviar serves as a member of the steering committee of the Philippine International Studies Organization (PHISO). He was part of National University’s community extension project that imparted the five disciplines of a learning organization (Senge, 1990) to communities in a local government unit. He writes and edits local reports for Mega Scene. He graduated with a master’s degree in development communication from the University of the Philippines Open University in Los Baños. He recently defended a dissertation proposal for his doctorate degree in communication at the same graduate school under a Philippine government scholarship grant. He was editor-in-chief of his high school paper Ang Ugat and the Adamson News.
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