MANILA — Malacañang clarified that the International Criminal Court (ICC) bases its rulings solely on the Rome Statute and not on political statements, distancing the Marcos administration from interpretations made by former president Rodrigo Duterte’s camp regarding jurisdiction over his alleged crimes against humanity.
Presidential Communications Office (PCO) Undersecretary Claire Castro said the ICC operates independently of political influence and evaluates cases strictly within the parameters of international law.
“Sa ating pagkakaalam, the ICC will base its decision or order or resolution on the Rome Statute and it will not be guided by the political statements,” Castro said during a press briefing on the sidelines of the 47th ASEAN Summit and Related Meetings in Malaysia.
“Kung iyan po ay kanilang gagamitan ay depende na ito sa ICC kung papaano nila ito ie-evaluate,” she added.
The clarification came after Duterte’s legal team invoked President Ferdinand Marcos Jr.’s previous pronouncements to argue that the ICC has no authority to try the former president, who is now detained in The Hague, Netherlands.
Duterte’s camp cited a 2023 letter addressed to Vice President Sara Duterte in which Marcos reportedly stated that the Philippine government “will not assist the ICC, in any way, or form,” suggesting an implicit rejection of the court’s jurisdiction.
However, on October 23, judges from the ICC’s Pre-Trial Chamber I reaffirmed the tribunal’s jurisdiction over Duterte’s case, ruling that the ongoing probe into the Philippine drug war covers offenses allegedly committed while the country was still a State Party to the Rome Statute.
The ICC emphasized that the treaty imposes no time limitation preventing the prosecution of crimes committed before a nation’s withdrawal from the Statute took effect./PN
