Here’s a clear breakdown of Duterte’s withdrawal from the ICC — and whether it affects the court’s case against him:
🚪 Duterte’s Withdrawal from the ICC: Does It Matter?
📅 What Happened?
In March 2018, then-President Rodrigo Duterte announced the Philippines' withdrawal from the International Criminal Court (ICC).
The withdrawal took effect on March 17, 2019, one year after formal notice was given to the UN.
Duterte claimed the ICC was “politically motivated” and “undermining Philippine sovereignty.”
⚖️ The Legal Question: Can the ICC Still Investigate Him?
Yes — and here’s why:
🧾 1. Withdrawal Does Not Erase Past Jurisdiction
Under Article 127 of the Rome Statute, withdrawal does not affect the ICC’s jurisdiction over crimes committed while a country was still a member.
The Philippines was a member from Nov 1, 2011 to Mar 16, 2019.
The alleged crimes in Duterte’s “war on drugs” occurred during that time.
✅ Bottom Line: The ICC retains jurisdiction over all crimes committed during the period of membership — even after withdrawal.
🔍 2. ICC Ruling Confirmed This
In 2021, the ICC’s Pre-Trial Chamber explicitly ruled that withdrawal does not invalidate ongoing investigations into Duterte.
It also found that Philippine authorities had not conducted genuine domestic proceedings into the alleged crimes — opening the door for international prosecution.
📌 3. No Immunity After Withdrawal
There is no exemption or immunity granted by leaving the ICC.
Duterte cannot retroactively escape accountability for actions taken while the treaty was in force.
🧭 What This Means in 2025
Duterte is now in ICC custody, and his withdrawal is legally irrelevant to the case.
The charges — including crimes against humanity — are based on acts allegedly committed while the Philippines was still bound by the Rome Statute.
The court is scheduled to hold confirmation of charges hearings in September 2025.
✅ Key Takeaway
Duterte’s withdrawal from the ICC was symbolic, but legally ineffective at stopping the investigation or avoiding prosecution.
The ICC operates on international law, not presidential declarations — and its jurisdiction remains intact for past crimes.
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