How the ICC Chooses Cases: Duterte’s in Context

Here’s a clear guide to how the International Criminal Court (ICC) chooses its cases, using Rodrigo Duterte’s case as a real-world example:

⚖️ How the ICC Chooses Cases: Duterte’s in Context

🧭 Step-by-Step: How the ICC Picks Cases

The ICC follows a legal and procedural path when selecting which cases to investigate. Here’s how it works:

1. 📥 Referral or Initiation

A case can begin in one of three ways:

A member state refers a situation (e.g. Uganda, DRC)

The UN Security Council refers it (e.g. Libya, Sudan)

The ICC Prosecutor acts independently (proprio motu) — as happened with Duterte’s case

2. 🧪 Preliminary Examination

The Prosecutor conducts an initial review to assess:

Jurisdiction: Did alleged crimes occur in a member state or involve nationals of one?

Admissibility: Are national courts unwilling or unable to prosecute?

Interests of justice: Would a full investigation serve victims and international law?

Duterte’s case:

In 2018, Prosecutor Fatou Bensouda began a preliminary examination into alleged crimes tied to the Philippine drug war.

3. 🧑‍⚖️ Full Investigation Authorized

If criteria are met, the Prosecutor requests authorization from a Pre-Trial Chamber to open a full investigation.

In Duterte’s case:

The investigation was authorized in September 2021, after the ICC found "reasonable basis" to believe crimes against humanity occurred.

4. 📝 Case Selection Within an Investigation

Even after an investigation is opened, the ICC chooses specific individuals and charges based on:

The gravity of the crimes

The person’s role or level of responsibility

Evidence that links the individual directly or indirectly to the crimes

Why Duterte?

As president (and earlier as Davao mayor), Duterte was allegedly:

Directly inciting violence

Failing to stop or investigate mass killings

Overseeing a system of impunity for police and officials

5. 🚨 Arrest Warrants and Charges

If enough evidence exists, judges issue:

Arrest warrants or summonses

Formal charges (e.g., murder as a crime against humanity)

Duterte’s status:

Arrested in March 2025

Charges to be confirmed in a hearing scheduled for September 2025

6. ⚖️ Trial — or Dismissal

The case only proceeds to trial if the Pre-Trial Chamber confirms the charges after reviewing the evidence.

🔍 Why This Process Matters

It ensures fairness and legality — political motivations alone can’t initiate prosecutions.

The ICC intervenes only when national systems fail to hold perpetrators accountable.

In Duterte’s case, the ICC concluded that domestic avenues were unwilling or unable to investigate drug war deaths.

✅ Key Takeaway

The ICC doesn’t randomly pick individuals to prosecute. It follows a structured process grounded in jurisdiction, gravity, evidence, and leadership responsibility. Duterte’s case fits squarely within these legal criteria — not political preference.