Pro-Duterte posts misrepresent ICC chief's comments on court's jurisdiction

"Update from ICC with Judge Tomoko Akane," reads the caption of a Facebook reel shared on March 24, 2025.

The clip shows ICC President Tomoko Akane saying the court does not have jurisdiction if "crimes occur on the soil of non-state parties by non-state parties or persons".

Tagalog-language text on the video, using a popular nickname for Duterte, reads: "This is it! The ICC president herself said it. Father Digong can go home early."

The post surfaced following Duterte's arrest on March 11; he was then put on plane to the ICC in the Netherlands to face a crimes against humanity charge tied to his drug war in which thousands were killed (archived link).

The 79-year-old is awaiting a confirmation of charges hearing scheduled for September 23 where he will have the opportunity to contest the accusations against him (archived link).

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Screenshot of the false Facebook post, taken on March 26, 2025

The clip also circulated in other social media posts alongside the same claim, racking up over 150,000 views in total.

But the clip does not show the ICC president speaking about Duterte's case or whether it falls within the court's jurisdiction.

While Duterte pulled the Philippines out of the ICC's founding treaty, the Rome Statute, in 2019 after the tribunal began looking into allegations of systematic extrajudicial killings during his term, the court ruled that alleged crimes committed prior to the withdrawal remained under its jurisdiction (archived link).

The ICC reiterated this position after Duterte's arrest, saying the case "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" (archived link). 

European Parliament meeting

A keyword search on Google found the falsely shared clip corresponds to a longer video posted on the website of the European Parliament (archived link).

Akane was addressing a joint meeting of the European Parliament's human rights subcommittee and legal affairs committee on March 19 (archived link).

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Screenshot comparison of the falsely shared video (left) and the European Parliament video (right)

The clip used in the false posts shows part of Akane's response to a question raised by Dainius Zalimas, a member of the European Parliament from Lithuania.

At the video's 11:13:40 mark, Zalimas asks Akane whether there is any need to adjust the Rome Statute to include crimes such as ecocide or other crimes against the environment.

She begins her response at the 11:30:30 mark by stating that ecocide is not in the statute, and it is "up to the state parties to amend the Rome Statute if you feel it is necessary to incorporate it, likewise with other crimes as well".

The clip used in the false posts follows at the 11:31:40 mark, where she lays out the limits of the ICC's jurisdiction.

She does not mention Duterte's case in the answer, or in response to any other questions at the European Parliament meeting.

AFP has previously debunked a similar false claim spread by Duterte's supporters suggesting the ICC lacks jurisdiction to charge the former president here.