SENATE president Chiz Escudero stated Thursday that he does not believe the International Criminal Court (ICC) has the authority to disqualify former President Rodrigo Duterte from holding office, even if convicted.
When questioned about the potential for Duterte to be barred from office if convicted by the International Criminal Court (ICC), Escudero responded, “I don’t believe that’s a penalty the ICC can impose, although I’m not entirely certain as I haven’t read the relevant statutes in detail. But I don’t think they have the right to impose that penalty, as they are not part of our judicial system.”
He further stated, “In all cases, absolute perpetual disqualification is not automatic upon conviction; it applies only to certain crimes.”
“Furthermore, I believe that such a penalty is specific to Philippine law. From my understanding of the Rome Statute, even if he is convicted by the ICC, such a disqualification would not be automatic,” he added.
According to the ICC website, on March 12, 2025, Mr Rodrigo Roa Duterte (“Mr Duterte”), born on 28 March 1945, was surrendered to the custody of the International Criminal Court (ICC or “the Court”).
He was arrested by the authorities of the Republic of the Philippines (“the Philippines”) in accordance with an arrest warrant issued by Pre-Trial Chamber I (“the Chamber”) for charges of murder as a crime against humanity.
On Feb. 10, 2025, the Office of the Prosecutor of the ICC (“the Prosecution”) applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. The Chamber, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between Nov. 1, 2011, and March 16, 2019.
The Chamber found that there was an attack directed against a civilian population pursuant to an organisational policy while Mr Duterte was the head of the Davao Death Squad (DDS), and pursuant to a State policy while he was the President of the Philippines.
Moreover, there are reasonable grounds to believe that this attack was both widespread and systematic: the alleged attack took place over a period of several years and resulted in thousands of deaths.
In the arrest warrant, the Chamber focused on a sample of alleged incidents to facilitate its analysis.
Concerning Mr Duterte’s alleged role as the head of the DDS and subsequently as the President of the Philippines, the Chamber found reasonable grounds to believe that he, jointly with and through other persons, agreed to kill individuals they identified as suspected criminals or persons having criminal propensities, including but not limited to drug offenders, initially in Davao and subsequently throughout the country.
Days after he was surrendered to the ICC, a hearing was conducted for Duterte’s initial
appearance before the Court.
The next hearing will be conducted on September 23, 2025.
Meanwhile, as of March 17, 2019, the Philippines is no longer a member of the ICC, having submitted its withdrawal to the United Nations on March 17, 2018.
According to article 127 of the Statute, withdrawal becomes effective a year after the deposit of notice of withdrawal to the United Nations Secretary-General.
The International Criminal Court (ICC) is a permanent, international criminal court that was established in 2002 to investigate and prosecute those who are in the highest echelons of power who have committed the most heinous crimes as stipulated on the Rome Statute: genocide, crimes against humanity, war crimes, and crimes of aggression.
The ICC has conducted investigations in countries where national authorities fail to act on a certain crime, including the Philippines.
