A Malacañang official stated that former President Rodrigo Duterte's lawyers cannot rely on President Ferdinand Marcos Jr.'s previous remarks about the International Criminal Court to defend him. This comes after the ICC affirmed its jurisdiction over alleged crimes during Duterte's drug war. The comments were made during a press briefing in Kuala Lumpur.
During a press briefing with Philippine media in Kuala Lumpur on the sidelines of the 47th Association of Southeast Asian Nations summit, Presidential Communications Undersecretary Claire Castro addressed the Duterte camp's strategy regarding the ICC case. Castro emphasized that the court would not be influenced by political statements. “As far as we know, the ICC will base its decision, or order, or resolution on the Rome Statute and it will not be guided by the political statements,” she said.
Duterte's lawyers had argued: “The Defense further relies on public statements by the current President of the Philippines, Mr. Ferdinand Marcos Jr. that his administration will not cooperate with the Court, arguing that this reflects the State’s position that the ICC no longer has jurisdiction.” However, on Thursday, the ICC's Pre-Trial Chamber I ruled otherwise in a unanimous 32-page decision. Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou, and Maria del Socorro Flores Liera determined that the tribunal retains jurisdiction over alleged crimes against humanity committed in the Philippines from November 1, 2011, to March 17, 2019.
The chamber noted that the case was already “under consideration” by the ICC prosecutor before the Philippines' withdrawal from the court took effect in 2019. This followed a February 2018 announcement by then-prosecutor Fatou Bensouda to initiate a preliminary examination into killings linked to Duterte's war on illegal drugs, which prompted the withdrawal announcement.
Separately, Castro clarified that Malacañang would not intervene in the Office of the Ombudsman's planned review of drug cases from the Duterte administration, as the Ombudsman is an independent constitutional body. She added that the government could assist by providing data from law enforcement agencies but stressed: “But the President is not responsible for any action the Ombudsman will undertake.”