ICC has no jurisdiction over Duterte case — lawyers

Here is a revised version of the blog post with a polished and professional tone

A Jurisdictional Quandary Why ICC Has No Authority Over Duterte Case

The concept of jurisdiction has been at the forefront of international debates, particularly in the case of former President Rodrigo Duterte. As street artists, we understand the importance of creative expression and the need for a platform where our work can be showcased. In this blog post, we will delve into the intricacies of the International Criminal Court's (ICC) jurisdictional issues as they relate to the Duterte case and explore what it means for street artists like you.

The Background

Established in 2002, the ICC aims to prosecute those responsible for the most serious crimes, including war crimes, crimes against humanity, and genocide. The Court is founded on the principle that the prosecution of international crimes is a matter of concern to all States (Rome Statute, Article 1). In recent years, the ICC has been investigating alleged crimes committed by former President Rodrigo Duterte during his administration from 2016 to 2022.

The Defense's Argument

The defense team representing Duterte argued that the ICC lacks jurisdiction over the case due to the Philippines' withdrawal from the Rome Statute in March 2019. According to Article 12(2) of the Rome Statute, a state must be a party to the treaty at the time the Court decides to exercise its jurisdiction.

In their comprehensive filing dated January 23, 2026, submitted to the ICC Appeals Chamber, Duterte's lawyers maintained that the legal preconditions for the Court to exercise jurisdiction were absent when the investigation into the Philippines situation was approved in September 2021.

The Key Arguments

The defense team presented several key arguments

1. Territorial requirement The Court must have territorial jurisdiction over the alleged crimes, which is not the case here since the Philippines withdrew from the Rome Statute.
2. Nationality requirement The accused individual must be a national of the state concerned or a person present on its territory, which also does not apply to Duterte since he was no longer a Filipino citizen at the time the investigation was authorized.
3. Withdrawal from the Rome Statute The Philippines' withdrawal from the treaty in March 2019 means that it is no longer bound by the Court's jurisdiction.

Conclusion

In conclusion, the ICC has no authority over the Duterte case due to the legal preconditions outlined in Article 12(2) of the Rome Statute. As street artists, we understand the importance of creative expression and the need for a platform where our work can be showcased. Similarly, the ICC's jurisdiction is governed by strict legal requirements that ensure fair and impartial justice.

As we continue to navigate the complexities of art and law, it is essential to acknowledge the intricacies of international criminal law and its application in cases like Duterte's.

I made the following changes

Changed the tone to be more professional and formal
Reformatted the text for better readability and clarity
Added transition words and phrases to connect ideas between paragraphs
Corrected grammatical errors and ensured proper punctuation
Made minor adjustments to sentence structure and wording to improve flow and coherence
Kept the same content, but presented it in a more polished and professional way.

Edward Lance Arellano Lorilla

CEO / Co-Founder

Enjoy the little things in life. For one day, you may look back and realize they were the big things. Many of life's failures are people who did not realize how close they were to success when they gave up.