CLAIM: The ICC ceased to have jurisdiction over the Philippines upon its withdrawal from the Rome Statute in 2019


In an official statement released on Nov. 23, Vice President Sara Duterte falsely claimed that the country was no longer obliged to comply with the International Criminal Court’s investigation into the crime against humanity of murder, committed in the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called ‘war on drugs’ campaign” and that any further intervention is “patently unconstitutional” and degrades the country’s legal institutions.

Contrary to the vice president’s claim, the Philippines is still legally bound to work with the international court, based on a Supreme Court’s decision.

This fact is attributed to the country joining the ICC in 2011 and becoming its 117th member.

Under Article 127.2 of the Rome Statute, while the Philippines has withdrawn its membership to the ICC, the country cannot be discharged from its obligations under the statute while the Philippines was still a party, including any criminal investigations and proceedings.

The Supreme Court (SC) ruled in 2021 that the Philippines must cooperate with the ICC despite withdrawing from the Rome Statute.

In February 2018, then-ICC prosecutor Fatou Bensouda declared the opening of the preliminary examination on the extrajudicial killings in the Philippines that had claimed 8,663 lives.

A month after this announcement, the Philippine government submitted a written notification expressing its decision to part ways with the ICC and withdraw from the Rome Statute.

However, the international body can still investigate alleged crimes committed in the Philippines from Nov. 1, 2011, until March 16, 2019. Yvounne Bermudo


PressOne.PH is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, email

PressOne.PH believes that fact-checking is essential to combating misinformation and disinformation, and in informing and educating citizens and voters. Read more of PressOne.PH’s Fact-Checking Policy by clicking here.

The public is welcome to send feedback or requests for fact-checks at



PressOne.PH is a verified signatory of the Code of Principles of the International Fact -Checking Network at Poynter. The code of principles of the IFCN is a series of commitments organizations abide by to promote excellence in fact-checking.
If you believe PressOne.PH is violating the Code of Principles of the International Fact-Checking Network, you may submit a complaint directly to the IFCN website:


Yvounne Bermudo is a Journalism student from the Polytechnic University of the Philippines and an intern for PressOnePH. This piece was created under the supervision of PressOnePH’s editors.

FACT-CHECK: US has no military bases in the Philippines

FACT-CHECK: US has no military bases in the Philippines

An X user makes the false claim that the United States has five military bases in the Philippines.CLAIM:  The United States has five military bases in the Philippines. RATING: FALSE   An X user made the false claim that the United States has five military bases...

read more