Judges at the International Criminal Court (ICC) have rejected a challenge to the court's jurisdiction over the case against former Philippines president Rodrigo Duterte, allowing proceedings to move forward.
Duterte, who served from 2016 to 2022, was arrested and taken to The Hague in March in connection with murders committed during his controversial "war on drugs," which resulted in thousands of deaths.
The defence argued that the ICC lacked jurisdiction because the Philippines' withdrawal from the court became effective in 2019, before a "full-fledged investigation" was opened. ICC rules state that a withdrawal does not affect matters "already under consideration." Duterte’s team claimed the prosecution’s preliminary examination, announced just weeks before Manila left the court, was insufficient to meet that standard.
However, the ICC judges disagreed, ruling that the prosecution's preliminary examination was substantial enough to count as a matter "already under consideration," even though an official investigation was sanctioned later in 2021.
This ruling does not address a separate defence motion to halt the case based on the 80-year-old Duterte's alleged cognitive decline and unfitness to stand trial. A panel of medical experts is expected to submit a report on his health by the end of this month, with a decision on the impact of his health on proceedings anticipated in mid-November.
