Pro-Duterte posts misrepresent 2023 ICC dissenting opinion as recent

Published on March 17, 2025 at 03:43
3 min read
By Ara Eugenio, AFP Philippines

Supporters of former Philippine president Rodrigo Duterte have falsely claimed the International Criminal Court (ICC) issued a statement saying it lacked jurisdiction over the Southeast Asian nation after the ex-leader was arrested for his brutal war on drugs. But the document circulating online shows two judges at the UN-backed tribunal disagreeing with a majority ruling in 2023 that allowed it to continue its investigation of Duterte.

The screenshot of part of an ICC document was shared on TikTok on March 12.

A section of the text has been marked out, reading in part: "The Pre-Trial Chamber erred in law in concluding that the Court had jurisdiction over the Philippines Situation despite the Philippines' withdrawal from the Rome Statute."

Duterte in 2019 pulled the Philippines out of the Rome Statute -- the ICC's founding treaty -- after the tribunal began investigating his deadly years-long drug war that was his signature policy (archived link).

Current President Ferdinand Marcos refused to resume ICC membership after his election in 2022 but has shifted his stance subtly after a longtime alliance with Duterte unravelled. Marcos said Manila would comply, under its obligations as an Interpol member, if the ICC sought Interpol's help in arresting Duterte.

The TikTok post's caption appears to suggest Duterte's March 11 arrest in Manila by Interpol was planned by Marcos.

Screenshot of false TikTok post, taken March 13, 2025

Duterte attended an initial hearing via videolink at the ICC three days later, with his lawyer citing a "debilitating medical issue" for his failure to appear in person (archived link).

The 79-year-old faces a charge of "the crime against humanity of murder", according to the ICC, for a crackdown that rights groups estimate killed tens of thousands of mostly poor men, often without proof they were linked to drugs.

The judge has set a date of September 23 for the next stage of the process: a hearing to confirm the charges.

Pro-Duterte social media accounts on TikTok and Facebook have also misrepresented the ICC document as recent.

Dissenting opinion

Keyword searches on Google found the document corresponds to the dissenting opinion of two ICC judges Marc Perrin de Brichambaut and Gocha Lordkipanidze on July 18, 2023 -- when Manila appealed the ICC's decision to reopen a probe into the drug war.

Its initial formal inquiry in 2021 had been paused two months into the investigation after Manila claimed to be conducting its own investigations (archived link).

Manila's appeal against reopening the case ultimately failed, as the ICC's three other judges formed a majority and ruled in favour of resuming the drug war investigation.

The tribunal ruled that the alleged crimes committed before Manila's withdrawal from the treaty in 2019 remained under its jurisdiction.

Screenshot comparison of the false post (L) and the document from the ICC website

Following Duterte's arrest, the ICC issued a statement welcoming his detention in The Hague (archived link).

"The case against Mr. Duterte falls within the jurisdiction of the Court as the alleged crimes occurred during the period when the Philippines was a State Party to the Rome Statute," it said.

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