ICC has jurisdiction over crimes committed while PH was under Rome Statute — spokesperson

The International Criminal Court spokesperson underscored that the ICC stands firm in its position that it has jurisdiction over crimes committed before the Philippines withdrew from the Rome Statute, according to a report on "State of the Nation" Tuesday.

ICC spokesperon Fadi El Abdallah said these are the cases committed between 2011 up to 2019, the year the Philippine government withdrew from the ICC.

“The court jurisprudence has already indicated that the ICC retains jurisdiction even after the withdrawal of the state but only for the crimes that were committed during the period when the state was a state party to the ICC Rome Statute,” Abdallah said in an exclusive interview with GMA Integrated News’ Mariz Umali aired on Unang Balita Wednesday.

“A withdrawal does not affect these obligations and the jurisdiction of the ICC. It only affects the future,” he added.

On the legality of the arrest of former President Rodrigo Duterte, the ICC judge will decide on the issue.

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“I can simply say if there is any challenge to the lawfulness and legality of the arrest, it can be submitted to the judges and then judges will decide on that,” Abdallah said.

The process of the surrender of a defendant to the ICC is dependent on the law of the country, he added.

It can be recalled that in 2021, the Supreme Court ruled that the Philippine government has to cooperate in any criminal proceedings that are in effect before the country's withdrawal from the Rome Statute.

By virtue of an arrest warrant issued by the ICC, Duterte was arrested in Manila on March 11 for alleged crimes against humanity over the alleged systematic drug war deaths in police operations.

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings.

The former president was brought to The Hague Penitentiary Institution or the Scheveningen Prison at 7:34 p.m. March 12 (2:34 a.m. March 13, Philippine time)

He then faced the ICC court via video link on March 14, Philippine time.

The court read to Duterte the charges against him related to the killings under his administration's war on drugs.

He was also informed of his rights under the Rome Statute.

The ICC then set the date for the commencement of the confirmation of charges hearing on September 23, 2025. — BAP/KG/AOL, GMA Integrated News