EXPLAINER: ICC Maintains Jurisdiction Over Crimes During PH Membership

By Gerome Dalipe IV

The International Criminal Court (ICC) has reaffirmed its jurisdiction over alleged crimes committed in the Philippines while the country was still a member of the Rome Statute, despite its withdrawal from the treaty on March 17, 2019.

This position aligns with Article 127 of the Rome Statute, which governs a member state’s withdrawal process.

The provision states that while a country may submit a withdrawal notice to the United Nations Secretary-General, the withdrawal takes effect one year later.

During this period, the ICC retains authority over crimes committed and investigations initiated before the withdrawal becomes effective.

A Supreme Court ruling in Pangilinan v. Cayetano, issued on March 16, 2021, reinforced this principle, affirming that a withdrawing state remains obligated to cooperate with ICC investigations into alleged crimes committed while it was still a member.

Former President Rodrigo Duterte, who returned to the Philippines from Hong Kong on March 11, 2025, is facing intensified international scrutiny.

The ICC has issued an arrest warrant against Duterte for alleged crimes against humanity linked to his administration’s war on drugs.

The warrant was issued by the ICC’s Pre-Trial Chamber I, which consists of an all-women panel of judges:

-Presiding Judge Iulia Antoanella Motoc

-Judge Reine Adélaïde Sophie Alapini-Gansou

-Judge María del Socorro Flores Liera

Duterte is the first former Philippine head of state to face such charges before the ICC.

Legal Basis for ICC Jurisdiction

According to lawyer Maria Kristina Conti of the National Union of Peoples’ Lawyers (NUPL), the ICC retains jurisdiction because its investigation into the Philippines’ drug war began while the country was still a party to the Rome Statute.

“Under Article 127, the ICC can pursue cases for crimes committed before the withdrawal took effect. The withdrawal does not negate accountability for actions within the ICC’s jurisdiction during membership,” Conti said in an interview on At The Forefront with Attorney Karen Jimeno.

She emphasized that the ICC’s legal framework allows for ongoing investigations and prosecutions for incidents that occurred while the Philippines was a member, ensuring accountability for alleged crimes, including those associated with Duterte’s anti-drug campaign.

PHL Position on ICC Investigation

Justice Assistant Secretary Mico Clavano previously clarified that despite the Philippines’ withdrawal from the Rome Statute, the government will not obstruct the ICC’s investigations.

Clavano noted that the Philippines remains a member of Interpol, which could facilitate communication between the ICC and Philippine authorities.

“If the ICC makes requests through Interpol, the Philippine government may need to give these requests due course,” Clavano said.

The ICC’s investigation centers on the thousands of deaths attributed to the Duterte administration’s anti-drug operations, which have drawn widespread condemnation from human rights advocates.

Although the Philippine government formally withdrew from the Rome Statute, legal experts stress that this does not absolve individuals from accountability for crimes committed while the country was a member.

The ICC’s mandate to pursue justice ensures that alleged violations of international law are addressed.