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In an October 2025 ruling, the ICC pre-trial chamber says the Court ‘can exercise jurisdiction in the present case over the crimes alleged against Mr. Duterte that were committed on the territory of the Philippines while it was a state party’

Claim: The International Criminal Court (ICC) has no jurisdiction over the Philippine drug war cases concerning former president Rodrigo Duterte and Senator Ronald “Bato” dela Rosa.

Rating: FALSE

Why we fact-checked this: Former presidential spokesperson Harry Roque, a Duterte ally, made the claim in his statement regarding the alleged ICC arrest warrant for Dela Rosa.

Part of his statement reads: “I reiterate that the ICC has lost jurisdiction over the cases involving former President Rodrigo Roa Duterte and Senator dela Rosa. The request to open a preliminary investigation was filed and authorized only during the second year after the Philippines’ withdrawal from the Rome Statute, when the Court already had no jurisdiction. The ICC’s continuing actions are, therefore, legally void and a violation of Philippine sovereignty.”

As of writing, the Facebook post containing the claim has 6,400 likes, 909 comments, and 580 shares.

The facts: The ICC maintains jurisdiction over the crimes against humanity case involving Duterte and Dela Rosa. In a unanimous ruling on October 23, the ICC Pre-Trial Chamber clarified that the Court “can exercise jurisdiction in the present case over the crimes alleged against Mr. Duterte that were committed on the territory of the Philippines while it was a state party.”

The Philippines withdrew from the ICC in 2018, after a preliminary investigation into the drug war was opened. The withdrawal became official in March 2019. Duterte is accused of crimes committed from November 1, 2011, to March 16, 2019 — dates when the Philippines was still signatory to the Rome Statute, the treaty that established the ICC.

Article 127(2) of the Rome Statute says that a country’s withdrawal does not affect investigations or proceedings that were already underway. (READ: EXPLAINER: What you need to know about ICC’s jurisdiction over Duterte)

In its October 2025 ruling, the ICC rejected the argument by Duterte’s lawyers that the ICC lost its jurisdiction because the drug war investigation was only authorized in September 2021, two years after the Philippines’ withdrawal from the ICC took effect.

The judges also rejected the argument that the preliminary investigation opened in 2018 did not count as a “matter under consideration” under Article 127(2). 

“The matter that was already under consideration by the Court was the allegations of crimes committed in the Philippines. That matter was under consideration in the preliminary examination and remained under consideration when the Prosecution requested, and the Chamber granted, authorisation for the commencement of the investigation in the Philippines Situation. It remains under consideration in the present case,” the ruling read.

Dela Rosa previously made the same claim in a senatorial face-off during his reelection bid, which Rappler has already fact-checked. (READ: FACT CHECK: ICC has jurisdiction over drug war cases despite PH withdrawal)

Drug war ‘architect’: On November 8, Ombudsman Jesus Crispin “Boying” Remulla said the ICC had issued a warrant of arrest against Dela Rosa, which has not yet been made public. In response, Dela Rosa petitioned the Supreme Court on November 13 to block its enforcement.

Dela Rosa, widely regarded as the architect of Duterte’s bloody war on drugs, played a central role in transforming Duterte’s rhetoric into a national policy. As police chief from July 1, 2016, Dela Rosa launched Project “Double Barrel” through CMC No. 16-2016, expanding Duterte’s “Davao model” across the country. The policy directed police operations aimed at “neutralizing” alleged drug offenders, with Dela Rosa publicly endorsing lethal force and downplaying civilian casualties.

Dela Rosa has been accused of being a co-perpetrator in the drug war case. According to Philippine Drug Enforcement Agency data, at least 4,999 deaths occurred under his leadership. – Marjuice Destinado/Rappler.com

Marjuice Destinado is a senior political science student at Cebu Normal University (CNU) and an alumna of the Aries Rufo Journalism Fellowship of Rappler for 2025.

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