FACT CHECK: No, ICC hasn’t ruled on jurisdiction and Duterte release

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Duterte’s crimes against humanity case is still pending with the ICC Pre-trial Chamber I. The chamber has no order to release the former president from detention.

Claim: The International Criminal Court (ICC) will release former president Rodrigo Duterte from detention in The Hague, Netherlands, because the ICC has lost jurisdiction over the case.

Rating: FALSE

Why we fact-checked this: Former presidential spokesperson Harry Roque, a Duterte ally, posted the claim on his Facebook account. The post says that the ICC has lost jurisdiction over Duterte’s case that stemmed from his war on drugs, and claimed that the former president will be released.

As of this writing, Roque’s post has received around 24,000 reactions, about 3,500 comments, and has been shared around 2,200 times.

The facts: Duterte will remain detained under the ICC’s custody because his case is still ongoing in the Pre-Trial Chamber I. In fact, he is set to face the court again on September 23 for his confirmation of charges hearing.

With this, it’s clear that the court did not issue an order to release Duterte, nor did it junk the pending case against the former president. Duterte was arrested on March 11 over crimes against humanity charges.

Petition against jurisdiction: What Roque posted on his Facebook account was a copy of the petition of Duterte’s defense team that asked the pre-trial chamber to dismiss the case on the basis of jurisdiction.

It’s not a decision from the ICC, but a legal move of Duterte’s lawyers, Nicholas Kaufman and Dov Jacobs. Duterte’s counsels wanted to end the proceedings by filing the petition even before the confirmation of charges hearing happening in September.

The court has yet to decide on the said petition, which was filed only on May 2.

Additional petition: Apart from the petition challenging the court’s jurisdiction, the Duterte camp also sought the removal of Judges Reine Adélaïde Sophie Alapini Gansou and María del Socorro Flores Liera, members of the Pre-Trial Chamber I, in the case.

The Duterte camp filed the petition to seek the excusal of the two judges “given the possibility of perceived bias” which would arise “out of the Judges’ prior ruling on substantially the same issue in the Situation in the Republic of the Philippines.”

However, the all-women chamber already denied the said petition on May 6.

On ICC jurisdiction: Duterte has always questioned the ICC’s jurisdiction over the Philippines. Under his presidency, the country severed ties with the international court. However, the ICC still has jurisdiction over these alleged crimes that happened under Duterte’s administration, since article 127 of the Rome Statute states that all proceedings prior to the withdrawal of a state from the ICC remain valid. (READ: EXPLAINER: What you need to know about ICC’s jurisdiction over Duterte)

Duterte’s case stemmed from the killings under his war on drugs that claimed the lives of nearly 30,000 people, according to human rights groups, and former members of the alleged Davao Death Squad.

When the all-women chamber issued Duterte’s warrant, they explained that although the Philippines withdrew from the Rome Statute effective March 17, 2019, the court retained its jurisdiction. This was because the allegations happened from November 1, 2011, to March 16, 2019 — dates when the Philippines was still signatory to the statute.

This is expected to be challenged by the Duterte lawyers. – Rappler.com

Similar fact check articles on this issue have already been published:

• FACT CHECK: Contrary to claims, ICC retains jurisdiction over PH drug war cases
• FACT CHECK: No order from ICC president to release Duterte ahead of his birthday
• FACT CHECK: ICC has jurisdiction over drug war cases despite PH withdrawal

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