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The International Criminal Court explained that it retains jurisdiction over the drug war cases, as the alleged crimes were committed before the Philippines' withdrawal
Claim: The arrest warrant issued against former president Rodrigo Duterte is null and void because the International Criminal Court (ICC) has no jurisdiction over the Philippines as the country is no longer an ICC member.
Rating: FALSE
Why we fact-checked this: Several posts circulated on social media following Duterte’s arrest on March 11 over crimes against humanity related to his administration’s war on drugs and extrajudicial killings.
One post, which has 246 likes and 57 comments, says, “Philippines is not an ICC member country so any arrest warrant issued by that foreign court is null and void. Only Filipino courts can issue an arrest warrant against Duterte.”
The facts: Rappler and other fact-checking bodies have persistently debunked the false claim that the Philippines’ withdrawal from the tribunal in 2019 affects the ICC’s jurisdiction over its probe into the drug war killings.
The ICC explained that while the Philippines is no longer a member of the international tribunal, the court still has jurisdiction as the alleged crimes were committed before the country’s withdrawal. (READ: [The Slingshot] The persistent lie that ICC has no jurisdiction)
Evecar Cruz-Ferrer, a Filipino lawyer who has been working in the field of human rights and international humanitarian law, said the drug war cases under investigation were within the period before the Philippines’ withdrawal officially took effect.
“[F]ollowing the provisions of the ICC, the court retains its jurisdiction over crimes committed prior to withdrawal. For the Philippines, from November 1, 2011 (date that ICC went into effect in the country) up to March 16, 2019 (effective withdrawal). The crimes charged against Former President Duterte was within the said period,” Ferrer explained.
The Supreme Court also ruled the same in a March 2021 decision, saying that the Philippines must still comply with Article 127(2) of the Rome Statute which states: “A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was as a Party to the Statute.”
The High Court said: “Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate.” (READ: What are the legal issues in Duterte’s arrest and transfer to The Hague?)
Duterte and the ICC: Duterte was arrested on March 11, seven years after the ICC opened its preliminary examination into the drug war killings. The investigation continued even after the Philippines withdrew its ICC membership in 2019. (TIMELINE: The International Criminal Court and Duterte’s bloody war on drugs)
An estimated 30,000 were victims of human rights violations under the Duterte administration, according to human rights groups. Only 7,000 victims were recognized by the Philippine National Police.
Duterte is set to attend his first hearing on March 14 in The Hague, Netherlands. – Angelee Kaye Abelinde/Rappler.com
Angelee Kaye Abelinde, a campus journalist from Naga City, is a second-year Journalism student of Bicol University and the current copy editor of The Bicol Universitarian. She is a graduate of the Aries Rufo Journalism Fellow of Rappler for 2024.
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