The International Criminal Court (ICC) has denied the jurisdictional challenge filed by former President Rodrigo Duterte’s legal team, allowing the continuation of the probe into alleged crimes committed under his administration’s war on drugs.
In a ruling issued by the ICC Pre-Trial Chamber I, the Court affirmed its authority to investigate crimes allegedly committed in the Philippines while the country was still a State Party to the Rome Statute.
“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 Chamber stated.
The decision covers the period between November 2011 and March 2019 — when the Philippines was still a member of the ICC.
Duterte’s legal team had argued that the Court lost jurisdiction after the Philippines’ withdrawal from the Rome Statute took effect in March 2019.
However, ICC prosecutors maintained that the country’s withdrawal does not negate the Court’s jurisdiction over acts committed while it was still under the treaty.
With this ruling, the ICC’s investigation into the controversial anti-drug campaign is set to move forward, with a confirmation of charges hearing anticipated later this year, which is a step that could determine whether the case proceeds to trial.
Duterte was surrendered by the Philippine government to the ICC on March 11, 2025. The arrest is linked to the ICC’s investigation into alleged crimes against humanity committed during his administration’s anti-illegal drug campaign.
The arrest marks a historic moment, as FPRRD becomes the first former Philippine president to face international legal action.
