THE INTERNATIONAL Criminal Court (ICC) has rejected the petition by the defense team of former President Rodrigo Duterte challenging its jurisdiction over alleged crimes against humanity in relation to the Philippines’ “war on drugs” campaign.
In rejecting arguments related to the country’s withdrawal from the Rome Statute, the Court emphasized that the Philippines’ withdrawal cannot be used as a shield to protect individuals from justice.
The decision, dated Oct. 23, 2025, cited the following:
First Jurisdiction Guaranteed, where based on Article 127(2), the ICC retains jurisdiction because its preliminary examination began before the Philippines’ withdrawal took effect.
Second, it said there was No Abuse of Right, the ruling explicitly states a withdrawing State cannot “abuse that right by shielding persons from justice” related to crimes already under consideration.
Lastly, the Law Applies, the court says that the jurisdictional regime continues to apply “as if the Philippines were still a Party to the Statute.”
Read the full ruling at ICC Decision Link https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180cd6044.pdf
