The International Criminal Court (ICC) affirmed its jurisdiction over the case of crimes against humanity committed by former president Rodrigo Duterte. The ICC Pre-Trial Chamber 1 released its decision, signed by its three judges, on October 23.

In its decision, the court rejected the defense petition to dismiss Duterte’s case. The petition claimed that the formal investigation began in September 2021, two years after the country’s withdrawal from the ICC. The judges said the ICC’s rules must be interpreted in a way that balances a state’s right to withdraw from the Rome Statute and the risk of using that right to shield persons from the Court’s jurisdiction. This right must be guarded against being “abused.”

The court also stated that the ICC’s preliminary investigation began in February 2018, led by then-ICC Prosecutor Fatou Bensouda, before Duterte withdrew the country from the ICC.

Duterte announced the Philippines’ withdrawal from the ICC in March 2018 after the court disclosed its plan to investigate the thousands of killings under his fake war on drugs. The withdrawal took effect in March 2019.

According to Atty. Krissy Conti, assistant to counsel at the ICC and lawyer for Duterte’s victims, the only remaining issue for the confirmation of the case against the former president is determining whether he is “fit to stand trial.” She said that if he is proven to be in good health, the confirmation will proceed. If not, the court will suspend the hearings, and he will remain in ICC custody. He will undergo evaluation every 120 days to assess his health condition. Even if he is permanently declared “unfit for trial,” the case will not be dismissed but will remain indefinitely suspended.

The court is expected to complete Duterte’s health evaluation by the end of October.