BANDONG, FRENCH B.

IHL and Peace Studies

AB Political Science 3A November 26, 2023

Duterte’s ICC Prosecution: Sounding the Alarm for the Next in Line

In 2018, the Philippines had withdrawn from the Rome Statute of the ICC. This was seen
as a response after the probing announcement of the International Criminal Court (ICC) Office of
the Prosecutor after a reasonable basis was established on the alleged crime against humanity of
Former President Rodrigo Duterte’s “War on Drugs”1.

After the prosecutor's preliminary examinations, its office now expresses its intent to
commence the stage of preliminary investigation. One of the contentions of the Philippine
Government to this is on the jurisdiction of the ICC especially after our withdrawal to the statute,
which according to them nullifies any authority of ICC over us. However, under the provisions
of article 127 of the Statute, this withdrawal only becomes effective a year after the deposit of
withdrawal notice. In addition, states are also not discharged of any obligation by withdrawal2.
Therefore, the ICC retains its jurisdiction over committed crimes before the withdrawal comes
into effect, which covers the alleged crimes.

Additional tests of jurisdiction also include material and territorial or personal

jurisdiction. In the 2019 SWS survey, 76% of Filipinos believed that there are human rights
abuses committed in a coordinated move to many areas during Duterte’s war on drugs3. This
included widespread and systematic attacks directed to a population which constitutes the
qualification for it to be categorized as a crime against humanity under Article 7 of the statute
and fall within the territories of the Philippines.

One of the many counter narratives posited on the issue of ICC preliminary investigation
in the Philippines was the question of integrity of the judicial system. Sara Duterte argues that it
disrespects our own legal system. However, it is important to note that the participation of the
ICC is well within the principles accepted by our own courts. Our legal system sees the ICC as
complementary to its goal. In addition, it is a reasonable assumption that there may be instances
where our courts need a supplementary mechanism fit for the situation, especially in cases where
we are unwilling and unable to prosecute. All of these does not mean we are bastardizing our
own legal system, but rather seen as a compliance to our obligation to international law that may
be circumstantially neglected under our own domestic systems.
1
RAPPLER. “FULL TEXT: ICC Prosecutor’s Request to Open Investigation into Duterte Drug War,” June
15, 2021.
2
International Criminal Court. “ICC Statement on the Philippines’ Notice of Withdrawal: State Participation
in Rome Statute System Essential to International Rule of Law,” 2018.
3
​News, GMA. “SWS: 76% of Pinoys Believe Human Rights Abuses Committed under Drug War.” GMA
News Online, 2015. ‌
 If the investigation proceeds to the trial phase, it can significantly set the trajectory of our
country towards the protection of human rights and ultimately change how it is being perceived
in the country. The gravity of the trial should set the premium of how the ideal of human rights
protection is in the Philippines. More importantly, for a time of deteriorating public optics on
human rights, often weaponized for political interest, it is a precedent and a warning to those that
come to power in the future that no person is above the law, and no amount of public legitimacy
can undermine the principles of human rights.