ICC faces challenge on jurisdiction due to delay in Duterte case

The prosecution faces a significant hurdle in their case against former President Rodrigo Duterte due to the timing of when the International Criminal Court (ICC) opened its investigation after the Philippines' withdrawal from the ICC.

Former prosecutor Fatou Bensouda initiated the preliminary examination in February 2018, but it took her until June 2021 to request authorization for a full investigation, more than two years after the Philippines officially withdrew from the ICC in March 2019.

This delay has led former Philippine Chief Justice Artemio Panganiban and Duterte's defense team to argue that the ICC lacks jurisdiction based on what they claim is a two-year prescriptive period under the Rome Statute.

However, there are no explicit provisions in the Rome Statute mandating such a time limit for investigations post-withdrawal, leading to differing interpretations of Article 127.

ICC spokesperson Fadi El Abdallah asserts that once an investigation is authorized by the pre-trial chamber, it remains unaffected even if a state withdraws from the ICC, emphasizing the court's jurisdiction over crimes committed before withdrawal.