A Sudden Legal Thunderclap Former President Rodrigo Duterte’s legal team has asked Pre‑Trial Chamber I of the International Criminal Court (ICC) to order his “immediate and unconditional release,” arguing that the court lost jurisdiction once the Philippines withdrew from the Rome Statute in March 2019¹. They filed a 38‑page “Defence Challenge with Respect to Jurisdiction,” insisting that all steps taken since withdrawal—from investigation to confirmation hearings—“lack legal foundation” and must be nullified². At the heart of their challenge are Articles 12 and 127 of the Rome Statute, which they say the ICC has misinterpreted. Malacañang has framed the move as routine due process but reiterated it will not aid the ICC’s work
A Sudden Legal Thunderclap
It began with a ripple that turned into a roar in The Hague. On May 1, 2025, Duterte’s lead counsel, Nicholas Kaufman, submitted a 38‑page brief demanding the ICC free his client at once. He argued that after the Philippines’ March 2019 withdrawal, “the prosecutor has never demonstrated that the court was legally authorized to exercise jurisdiction”⁵. In Kaufman’s words, every action since then is built on sand—and should be swept away.
The Rome Statute Debate: Articles 12 and 127
But the fight is not just about dates. It’s about two key rules in the Rome Statute:
- Article 12 says non‑party states must “accept” and “cooperate” before the ICC can act⁶. Duterte’s team insists the Philippines never did so for this probe.
- Article 127(2) says a state’s withdrawal cannot affect cooperation on cases already under way⁷. The defense counters that “the court” here means only its judicial branch—not the Office of the Prosecutor’s preliminary work.
If they prevail, the ICC’s entire case against Duterte—from its 2021 preliminary examination through the upcoming September 23, 2025 confirmation hearing—would collapse.
Palace Responds: Due Process, Not Defiance
At Malacañang, Undersecretary Claire Castro downplayed the bid as routine due process and said, “If their defense is the ICC does not have jurisdiction, then that’s part of due process. Let them be”⁴. Yet she also stressed the government “will not cooperate or intervene with the ICC”⁴—echoing President Marcos Jr.’s earlier vow to block any ICC action against his predecessor
What’s Next in The Hague?
The ICC Pre‑Trial Chamber must now decide if this jurisdictional challenge has merit. If the court sides with Duterte’s team, he walks free. If it rejects them, the tribunal will move ahead with its inquiry into alleged crimes against humanity during his presidency. The decision could redefine how—and whether—withdrawal affects ICC authority over sitting or former heads of state.
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