MANILA – Justice Secretary Jesus Crispin Remulla reaffirmed on Thursday (20 Mar 2025) that the International Criminal Court (ICC) has no jurisdiction over the Philippines as a state but may prosecute individuals accused of crimes under international humanitarian law.
Speaking at a Senate Committee on Foreign Relations inquiry, Remulla cited Republic Act No. 9851, the Philippine law on crimes against international humanitarian law, genocide, and other crimes against humanity. He emphasized that the law aligns the country with global legal standards but does not subject the Philippine government to ICC authority.
“The ICC prosecutes individuals, not states. The Philippines, as a sovereign nation, cannot be compelled to cooperate with the ICC,” Remulla said. However, he noted that Filipino citizens accused of crimes within the court’s jurisdiction must face proceedings independently.
The discussion gained traction after Senator Imee Marcos questioned the ICC’s authority in connection with the March 11, 2025, arrest of former President Rodrigo Duterte. She pointed out that the Philippines officially withdrew from the Rome Statute on March 17, 2018.
“The Department of Foreign Affairs made it clear that we are no longer a state party to the treaty. So how can the ICC still claim jurisdiction?” Marcos asked.
Remulla reiterated that while the state is not bound by ICC rulings, the court retains the authority to prosecute individuals under international law. He also stressed that the Philippine government has not assisted or cooperated with the ICC’s investigation into Duterte’s administration.
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