Department of Justice Secretary Jesus Crispin Remulla attends the Committee on Foreign Relations motu proprio hearing on Thursday (March 20, 2025) on the involvement and the roles of the International Criminal Court, the International Criminal Police Organization, and the various government agencies in the arrest of former president Rodrigo R. Duterte. PNA photo by Avito C. Dalan
MANILA, Philippines – Justice Secretary Jesus Crispin Remulla on Thursday reaffirmed that the International Criminal Court (ICC) has no jurisdiction over the Philippines as a state, but only over individuals accused of crimes under international humanitarian law.
“The jurisdiction of the ICC is throughout the world. We belong to the community of nations that is tied together by a legal system called International Humanitarian Law,” he explained during an inquiry by the Senate Committee on Foreign Relations.
Remulla referenced Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, enacted in 2009, which aligns the country with international legal standards, defining and penalizing serious international crimes.
Remulla said the ICC only prosecutes individuals, not states, meaning the Philippines cannot be compelled to cooperate with the court.
However, he clarified that Filipino citizens accused of crimes under ICC jurisdiction must face proceedings independently.
The discussion gained renewed attention after Senator Imee Marcos questioned the ICC’s authority regarding the March 11, 2025 arrest of former president Rodrigo Duterte.
Marcos challenged how the ICC could claim jurisdiction, given the Philippines’ withdrawal from the Rome Statute on March 17, 2018.
“I am perplexed. The Department of Foreign Affairs made it very clear that as we withdrew, we are no longer a state party to the treaty. And now you are saying that we can nevertheless fall under the ICC under the general rubric of international humanitarian law,” she said.
Marcos pressed Remulla for clarification, asking whether treaty ratification was irrelevant in determining the ICC’s authority over Filipino individuals.
Remulla maintained that while the state does not fall under ICC jurisdiction, individuals can still be subject to its rulings, adding that the Philippine government had not assisted or cooperated with the ICC’s investigation into Duterte. (PNA)