THE HAGUE, 19 July 2025: Philippine Vice-President Sara Duterte strongly criticized the International Criminal Court (ICC), challenging its authority to prosecute her father, former President Rodrigo Duterte, for alleged crimes against humanity, during a speech on July 19, 2025. While she has consistently denounced his arrest as unlawful, this marked her most detailed public critique of the ICC itself. Earlier, in March, Duterte’s lead defense attorney Nicholas Kaufman voiced concern that the ICC—facing mounting pressure and even sanctions from the United States—might resist dropping such a prominent case, especially given what he described as a scarcity of cases currently before the tribunal.

She claimed that the ICC has a declining caseload, suggesting that the tribunal is pursuing her father’s case not on the strength of evidence but out of a need to stay relevant.

“Wala man lang silang kahit isang ebidensya na nagsasabi na totoo ang mga paratang ni Trillanes. At dahil nga, wala na, patapos na ang ICC bilang isang institusyon. Wala na silang kaso. Isa na lang ang kaso nila, iyong kaso ni president Duterte (They don’t even have a single piece of evidence that says that Trillanes’ allegations are true. And because of that, the ICC as an institution is in its final years. They don’t have a case. They only have one case, that of President Duterte),” she said, adding that the ICC saw an administration, that of President Ferdinand Marcos, Jr., who is allegedly stifling dissent or opposition and is willing to cooperate.

The Philippine government in previous statements said that the arrest of the former president was coursed through the Interpol. President Marcos, Jr. said that “the government obliged because we have commitments to Interpol which we have to fulfill. If we don’t do that, they will no longer help us with other cases involving Filipino fugitives abroad.” 

“The only ones they have now are the Africans. Kasi hindi mahuli si Putin, si Netanhayu kaya si Duterte na lang (Because Putin or Netanyahu can’t be caught. So they just settled for Duterte),” she said.

The ICC has issued warrants of arrest for Russian leader Vladimir Putin for crimes against humanity on the attack against Ukraine and Israel’s Benjamin Netanyahu for the military operation in Gaza. The warrant for Netanyahu and other top military officials has resulted in Israel ally United States issuing sanctions against ICC judges and chief prosecutor and other personalities cooperating with the ICC.  

The younger Duterte added that the ICC has insisted on prosecuting her father to justify that the institution is still doing its job.

“Gusto lang nila ipilit nila ang kanilang paniniwala sa global order…Pinagpipilitan nila ang mali na ginagawa nila dahil dinidikdik nila sa ating lahat ang kanilang paniwala. It’s a very Western-centric mindset. Nakita niyo ba kung meron silang nakuhang malalaking detainees? Mga akusado? Saan sila lagi kumukuha ng mga tao na nililitis nila? Sa Africa. Andun sa loob kasama namin (They just want to enforce their belief in the global order…They enforce the wrong they are doing because they are imposing their belief on all of us. It’s a very Western-centric mindset. Have you seen if they have taken any big detainees? Accused? Where do they always take the people they are trying? In Africa. They are there with us),” she lamented.

The ICC is actively investigating and trying individuals accused of war crimes, crimes against humanity, and genocide, across various global hotspots. Key cases include Sudan, where a verdict is pending in the trial of Ali Kushayb for atrocities in Darfur; Ukraine, involving alleged crimes committed during the Russian invasion; and Palestine, where violations in Gaza and the West Bank are being examined. The ICC is also looking into abuse by the Taliban and foreign forces in Afghanistan, rebel and government violence in the Central African Republic, militia atrocities in the Democratic Republic of the Congo, and civilian attacks in post-Gaddafi Libya. Additional investigations are underway in Mali, Georgia, Burundi, and Bangladesh/Myanmar.

Questioning ICC jurisdiction

The Vice-president told the supporters about the illegality of the arrest of her father. In an interview with the media after addressing the crowd, she said: ”pinapaliwanag ko sa mga kababayan bakit injustice ang ginawa nila sa dating pangulong Duterte…Alam naman ng lahat, nag file na tayo ng questions on jurisdiction. By common sense, hindi talaga sasabihin ng ICC na ay sorry nagkamali kami, wala talaga kaming jurisdiction… Pero lahat ng mga lawyers sa international law community ay sinasabi talaga na out-of-time ang kanilang imbestigasyon. Sabihin na natin na may jurisdiction, hindi kayo out of time sa investigation ninyo, wala silang witnesses na hawak (I am explaining to my countrymen why they did injustice to former President Duterte… Everyone knows, we have filed questions on jurisdiction. By common sense, the ICC will not really say that we are sorry, we made a mistake, we really do not have jurisdiction… But all the lawyers in the international law community are really saying that their investigation is out-of-time. Let’s say that they have jurisdiction, you are not out of time in your investigation, they do not have witnesses in their custody).”

The Philippines became a member of the Rome Statute on 1 November 2011 but formally submitted its decision to withdraw on 17 March 2018. This withdrawal officially came into effect one year later, on 17 March 2019. Despite the exit, the ICC maintains that it continues to have jurisdiction over alleged offenses committed within the country while it was still a member—specifically between 1 November 2011 and 16 March 2019. Although there are indications that such crimes may have occurred beyond that date, Pre-Trial Chamber I emphasized that its investigation, based on the Article 15(3) Request, is confined strictly to incidents within the period when the Philippines remained a party to the Statute.

 Prolonged detention

The Vice president also said they are hoping that the petition for interim release of her father be granted, saying that he is not a flight risk, given his advanced age and his health condition, adding that the ICC is holding her father “unjustifiably during the pre-trial period.”

Last June 12, Duterte’s defence team filed an urgent request for interim release to a host country that is a party state to the ICC. The countries being considered are not publicly disclosed in the filing but they claimed that they met the representatives of one country willing to host .

The Vice-president criticised the slow process of the request.

“Meron nang bansa, a member state at that, na nagsabi na we will abide by whatever the ICC requires in the interim release. But it seems they are really holding on to president Duterte in detaining him because there is no other ICC case at the moment (There is a country, a member state at that, that said we will abide by whatever the ICC requires in the interim release. But it seems they are really holding on to President Duterte in detaining him because there is no other ICC case at the moment).”

However, in its latest filing last July 14, Duterte’s legal team has asked the ICC to delay its ruling on his interim release request. They argue the decision shouldn’t be made until the defense and the Court receive certain crucial documents that were excluded from the public version of their filing. The request claims that efforts to obtain this material since May have been obstructed, despite over 20 email exchanges. Meanwhile, the prosecution opposes the delay, stating the defense filed the request too early. Duterte’s lawyers also dispute the prosecution’s assessment of the missing information and urge the Court to consult with relevant parties before proceeding. 

Rallying supporters

While criticising the tribunal, the Vice-president also called on Filipinos with dual citizenship to ask their governments why they are making contributions to the ICC as member parties.. 

“Ano pa ba ang silbi ng contribution ng member states.. kung wala nang mga kaso. Ilan na ba ang umalis… umalis na ang Hungary, ang Pilipinas…Tanungin niyo ang mga bansa ninyo…bakit kayo nag co contribute sa isang institution ay ginagawa ay injustice sa aking kababayan (What is the point of the contribution of the member states.. if there are no more cases. How many have left… Hungary has left, the Philippines… Ask your countries… why are you contributing to an institution that is doing injustice to my countrymen?),” she told the supporters.

“Nag-iimbento na lang sila para lang tumuloy ang pag suporta ng malalaking bansa sa ICC (They are just making up stories just to keep big countries supporting the ICC),” she insisted.

Member states contribute to the International Criminal Court (ICC) because they’re legally obligated under the Rome Statute and committed to global justice. Their financial support enables the ICC to prosecute war crimes, genocide, and crimes against humanity. These contributions also signal a country’s dedication to human rights and the rule of law, while fostering international cooperation. Additionally, support often leads to improvements in national legal systems and helps fund victim assistance programs like the Trust Fund for Victims. 

A few countries have withdrawn from the ICC, citing political disagreements or concerns over sovereignty. Burundi left in 2017, followed by the Philippines in 2019, and most recently, Hungary announced its intention to withdraw in April 2025, becoming the first European Union nation to do so. On the other hand, the ICC continues to expand its membership. Ukraine and Armenia also became a member this year. The newest additions include Timor-Leste and Zambia, both of which were granted associate member status during the ICC’s annual meeting in Singapore, bringing the total number of member states to 125. 

Key witnesses

The younger Duterte also questioned the 43 cases included in the prosecution’s disclosed evidence. She also mentioned the names of witnesses like Edgar Matobato and Arturo Lascanas.

When asked whether she has seen the disclosed evidence that mentioned witnesses because these had been edited in all ICC filings, she said she has based  this on the statements and filings of former senator Antonio Trillanes at the Philippine senate investigation on the war on drugs. Trillanes is one of the individuals who filed a complaint at the ICC.

Cases at the ICC 

The Filipino Correspondent Network (TFCN) reviewed ongoing cases at the International Criminal Court (ICC) in light of Philippine Vice-President Sara Duterte’s recent statement suggesting the tribunal has few remaining cases, most of them concentrated in African nations. She claimed this scarcity is why the ICC pursued alleged crimes against humanity against her father, former President Rodrigo Duterte. 

The ICC is currently handling several high-profile cases involving war crimes, crimes against humanity, and genocide. These cases span multiple regions. Here are some of the key situations under investigation or trial:

• Darfur, Sudan: The ICC is investigating systematic sexual violence and war crimes amid the ongoing conflict between the Sudanese Armed Forces and the Rapid Support Forces. A pending verdict in the trial of Ali Muhammad Ali Abd-Al-Rahman (aka Ali Kushayb) marks a major step toward accountability.

• Ukraine: The ICC is examining alleged war crimes and crimes against humanity following Russia’s invasion. This includes attacks on civilians and infrastructure.

• Palestine: Investigations are underway into alleged crimes committed in the occupied Palestinian territories, including Gaza and the West Bank.

• Afghanistan: The ICC is probing crimes committed by the Taliban, Afghan forces, and foreign actors, including possible torture and civilian targeting.

• Central African Republic (I & II): These cases involve armed conflict and atrocities committed by various rebel groups and government forces.

• Democratic Republic of the Congo: Ongoing investigations focus on militia-led violence, including mass killings and sexual violence.

• Libya: The ICC is pursuing cases related to crimes committed during and after the fall of Muammar Gaddafi, including attacks on civilians.

• Mali, Georgia, Burundi, Bangladesh/Myanmar: These countries are also under active investigation for various international crimes.

The full list of cases and defendants can be found on the ICC’s official case page https://www.icc-cpi.int/cases.