THE International Criminal Court’s (ICC) pretrial chamber has upheld its jurisdiction over the case against former President Rodrigo Duterte, potentially paving the way for a full-blown trial regarding his administration’s controversial war on drugs.
In a 32-page decision dated October 23, Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera rejected the arguments presented by Duterte’s legal team challenging the court’s authority.
The Duterte camp had argued that the ICC lacked jurisdiction because the investigation was initiated in September 2021, two years after the Philippines’ withdrawal from the Rome Statute took full effect.
However, the ICC judges dismissed this argument, asserting that the case was already under the court’s consideration prior to the Philippines’ formal withdrawal. They maintained that the preliminary examination initiated by former ICC prosecutor Fatou Bensouda and the subsequent authorization of an investigation were not separate “matters,” but rather part of a continuous process.
The court emphasized that the core issue under consideration was the allegations of crimes committed in the Philippines. The judges ruled that this matter was already being examined during the preliminary investigation and remained under consideration when the prosecution requested and the chamber granted authorization for the commencement of the investigation into the Philippines situation. This ruling effectively rejects the Duterte camp’s attempt to block the ICC’s investigation based on jurisdictional grounds.
The ICC’s decision marks a significant step forward in the pursuit of justice for the victims of Duterte’s war on drugs, which resulted in an estimated 12,000 to 30,000 deaths. With the ICC affirming its jurisdiction, the case can now proceed to the next phase, potentially leading to a trial where evidence will be presented and Duterte could be held accountable for alleged crimes against humanity.
