Dennis Gasgonia

Article (news)

Carlos Trazo

ABS-CBN News

The legal defense team of former President Rodrigo Roa Duterte have argued that the tribunal has no authority to investigate alleged crimes in the Philippines after the country’s withdrawal from the Rome Statute took effect in 2019.In a filing dated January 23, 2026, the defense led by Atty. Nicholas Kaufman said that the Rome Statute is clear, stating that, “a State must be a party to the treaty at the time the Court decides to exercise jurisdiction. Either a State is or is not a Party to the Rome Statute at the time that jurisdiction is to be exercised and an investigation initiated,” the submission stressed.The defense rejected the prosecution’s statement that a preliminary examination before the withdrawal was enough to trigger jurisdiction. It said that only a formal investigation, authorized by the ICC’s Pre-Trial Chamber, can meet the requirements of Article 13(c). The Chamber gave that authorization in September 2021, two years after the Philippines had already left the treaty.<div><a href="https://www.abs-cbn.com/news/nation/2026/1/23/sara-duterte-shares-dad-s-birthday-wish-for-dela-rosa-magpakatigas-ka-na-parang-bato-1657">Sara Duterte shares dad&#x27;s birthday wish for Dela Rosa: &#x27;Magpakatigas ka na parang bato&#x27;</a></div>Calling the Prosecution’s arguments “opportunistic” and “chameleon-like,” the defense said the Prosecutor had previously acknowledged that States are only notified once an investigation is formally authorized. “To permit a mere preliminary examination to trigger the Court’s exercise of jurisdiction… would fly in the face of such cautionary intent,” the filing noted.The defense also dismissed comparisons to Burundi, where the ICC authorized an investigation before that country’s withdrawal took effect. It said that In the Philippines’ case, the authorization came after withdrawal, making the situation “fundamentally distinguishable.”It warned that accepting the prosecution’s interpretation would make parts of Article 127(2) meaningless. “What would be the point of providing that a withdrawal does not affect the continued consideration of any ‘matter’ if the Court were to be able to exercise jurisdiction indefinitely?” the defense asked.The defense said justice must follow proper procedure. “Justice can only be rendered in accordance with the applicable procedure. If it is not, its value will be questioned,” the filing said. It added that while fighting impunity is a noble goal, it cannot justify bending the rules of the Rome Statute.The defense insisted that the Prosecution must accept responsibility for failing to initiate an investigation within the one-year period after the Philippines’ withdrawal. It concluded that the Court was “not in a position to exercise jurisdiction in the Situation of the Philippines” once the country had left the treaty. Duterte was taken into custody on March 11, 2025, after arriving from Hong Kong, following an arrest warrant issued by the International Criminal Court (ICC). The warrant stemmed from the tribunal’s probe into his administration’s controversial anti-drug campaign, which has been accused of widespread human rights violations.<div><a href="https://www.abs-cbn.com/news/nation/2026/1/23/vp-duterte-says-dad-rodrigo-ok-when-she-visited-him-in-icc-detention-1233">VP Duterte says dad Rodrigo ‘OK’ when she visited him in ICC detention</a></div>That same day, Duterte was immediately flown to The Hague in the Netherlands, where the ICC headquarters is located, to formally face proceedings before the Court. His arrest marked a historic moment, as he became the first former Philippine leader to be brought before the ICC. Several months later, Duterte’s defense team attempted to delay the hearings, citing alleged health issues. This prompted the Court to assign independent medical experts to evaluate his condition. In December 2025, the experts released their findings, declaring Duterte medically fit to stand trial. They rejected claims of mental impairment, effectively removing any obstacle to the continuation of the case.<div> </div>

The legal defense team of former President Rodrigo Roa Duterte have argued that the tribunal has no authority to investigate alleged crimes in the Philippines after the country’s withdrawal from the Rome Statute took effect in 2019.

The legal defense team of former President Rodrigo Roa Duterte have argued that the tribunal has no authority to investigate alleged crimes in the Philippines after the country’s withdrawal from the Rome Statute took effect in 2019.

Duterte defense team insists ICC cannot probe Philippines after withdrawal in 2019

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Duterte defense team insists ICC cannot probe Philippines after withdrawal in 2019

Carlos Trazo,

ABS-CBN News

Published January 24, 2026 08:28 PM PHT

Read More:

ICC

International Criminal Court

Rodrigo Duterte

probe

withdrawal

Philippines

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