section_path: Presidency (2016–2022)/Domestic policy/International Criminal Court
section_name: International Criminal Court
paragraph_text: International Criminal Court
  
  In April 2017, a case was filed by lawyer Jude Sabio before the International Criminal Court (ICC), charging Duterte and 11 other officials with crimes against humanity in relation to the deaths of the controversial war on drugs; in response, outgoing ICC chief prosecutor Fatou Bensouda in early 2018 launched a preliminary examination into the charges against the accused. This prompted Duterte in March 2018 to initiate the withdrawal of the Philippines from the ICC, which took effect a year later, on March 17, 2019. Duterte rebuked the idea of allowing foreigners to meddle in the country's justice system and his administration emphasized that cases against him should be filed before the national courts. Additionally, he argued that the Rome Statute, which was ratified by the Senate in 2011, was never binding in the Philippines as it was never published in the Official Gazette, a requirement for a law in the country to take effect. For its part, the ICC reiterated that it maintains jurisdiction over crimes which took place before the withdrawal.
  
  Stating that his 2017 case was an orchestrated move by the Liberal Party, notably Senators Antonio Trillanes and Leila de Lima, to discredit Duterte, Sabio retracted his allegations in January 2020 and requested the ICC to dismiss the case. The ICC rejected Sabio's request and asserted that it "cannot effectively destroy or return information once it is in its possession or control". Meanwhile, Duterte's ICC withdrawal was challenged before the Supreme Court by three petitions filed by the Philippine Coalition for the ICC, the Integrated Bar of the Philippines, and opposition senators; though the Court in March 2021 ultimately dismissed all three cases on the grounds that the petitioners were unable to establish legal standing to challenge the ICC withdrawal, the Court ruled that the President has no "unbridled authority" to withdraw from treaties.
  
  The ICC, on September 16, 2021, eventually authorized a formal investigation into the war on drugs in the Philippines, focusing on crimes committed between 2016 and March 2019. In response, the Philippine government in November 2021 requested a deferral of the probe, which was suspended by the ICC to assess the request. Four days before Duterte left office, however, ICC prosecutor Karim Ahmad Khan requested the pre-trial chamber of the ICC to immediately resume the investigation after concluding that the deferral request was "not warranted". The succeeding Marcos administration initially declined to allow any ICC probe in the country due to sovereignty issues; however, due to tensions between the Duterte and Marcos political families, the Marcos administration is seen as increasingly open to cooperating with the ICC. Duterte stated he remained unfazed at the threat of arrest, saying he would rather "die first" before facing a foreign court. Salvador Panelo, who served as Duterte's chief legal counsel, alleged that Duterte's political opponents were using the ICC as a "political and propaganda apparatus".