ICC throws out Duterte’s jurisdiction challenge

National

THE International Criminal Court (ICC) has rejected the major legal challenge mounted by former Philippine President Rodrigo Duterte, clearing the way for his case to proceed.

In a unanimous decision on Oct. 23 2025, the ICC’s Pre-Trial Chamber I ruled that the court retains jurisdiction over alleged crimes committed during the Philippines’ “war on drugs” even though the country withdrew from the Rome Statute in 2019.

The key reason: the prosecutor had already opened a preliminary examination in February 2018 — before the withdrawal became effective.

In a report by Philstar, Duterte’s defense had argued the ICC lost authority because the Philippines ceased being a State Party when the formal investigation was authorised.

The court dismissed this, saying the statute itself bars withdrawal from affecting “any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

Though this ruling removes a major hurdle for prosecutors, questions remain. The court still must decide whether Duterte is fit to stand trial, with his health and mental capacity now under scrutiny.

In Manila, reactions were swift. Advocates for victims of extrajudicial killings welcomed the ruling as a “victory for justice.”

Some of Duterte’s supporters, meanwhile, called it politically motivated and reiterated calls for domestic resolution instead of international prosecution.(Victoria Diana, USJ-R Comm Intern)