In a significant development in the case against former Philippine President Rodrigo Duterte, the Office of the Prosecutor at the International Criminal Court (ICC) has asked the tribunal’s Pre-Trial Chamber 1 to reject the jurisdictional challenge mounted by Duterte’s legal team.
In a 35-page filing dated June 10, ICC Deputy Prosecutor Mame Mandiaye argued that the challenge is “fundamentally flawed,” asserting that it misinterprets key provisions of the Rome Statute, the treaty that established the ICC.
“The argument on behalf of Mr. Duterte rests on two fundamentally flawed propositions,” the Prosecution stated. These two core claims by the defense include: first, that the ICC’s jurisdiction is valid only if the Philippines was a State Party at the time the court exercised jurisdiction—not just when the alleged crimes occurred; and second, that a country’s withdrawal from the Rome Statute strips the ICC of jurisdiction.
However, the prosecution firmly countered both points. They maintained that the Statute allows the Court to retain jurisdiction over crimes committed while the country was still a State Party. In Duterte’s case, this includes the period from November 1, 2011, to March 16, 2019. The Philippine withdrawal from the ICC only took effect on March 17, 2019.
The Prosecution emphasized that Duterte’s team was attempting to invalidate the ICC’s warrant of arrest and ongoing investigation by challenging the court’s authority, despite previous rulings already affirming jurisdiction.
“In so doing, the Chamber should follow and, as necessary, elaborate upon its own reasoning in issuing the warrant for Duterte’s arrest and the reasoning of the Pre-Trial Chamber in its former composition,” the prosecution stated.
Duterte’s legal team had earlier filed a 38-page document, the “Defence Challenge concerning Jurisdiction,” demanding the case’s dismissal and the immediate release of the former president. They argued that the ICC has no legal ground to continue its investigation into alleged crimes against humanity committed during Duterte’s violent war on drugs.
The ICC, however, maintains it retains legal authority to prosecute offenses that occurred during the period of Philippine membership, even after the country’s formal withdrawal.
The Pre-Trial Chamber is expected to deliberate and rule on the Prosecution’s response in the coming weeks.