The International Criminal Court's Office of the Prosecutor has submitted a request to the tribunal to reject former President Rodrigo Duterte's challenge to the ICC's jurisdiction over his case. Duterte is currently detained in The Hague Penitentiary on charges of crimes against humanity related to his anti-drug campaign during his time as mayor of Davao City and president of the Philippines.

The prosecution's submission, signed by deputy prosecutor Mame Mandiaye Niang and dated June 10, highlights that Article 127(2) of the Rome Statute prevents a withdrawing state party from depriving the court of its jurisdiction if a matter is already under consideration before the withdrawal takes effect.

The prosecution argues that the prosecutor's preliminary examination was sufficient to establish the court's jurisdiction over Duterte, both as a legal requirement and based on the specific circumstances of the case.

According to the prosecution, Duterte's challenge should be dismissed, and the court's jurisdiction over him should be upheld.

Article 127(2) of the Rome Statute states that a state cannot escape its obligations under the Statute, including financial responsibilities, by withdrawing from the treaty. Withdrawal also does not impact cooperation with the court on ongoing criminal investigations or proceedings that began before the withdrawal.

Duterte's legal team claims that the conditions for the court's jurisdiction were not met when the pre-trial chamber authorized the investigation in September 2021. They argue that the Philippines withdrew from the Rome Statute in March 2019, and therefore, all subsequent legal steps lack a valid basis.

However, the prosecution counters these arguments, asserting that the ICC's jurisdiction over Duterte is lawful and that the court can maintain jurisdiction even after a state's withdrawal from the Statute.

The ICC's Office of the Public Counsel for Victims has also supported the prosecution's position, emphasizing that the preliminary examination conducted by the prosecutor before the Philippines' withdrawal remains a valid consideration for the court's jurisdiction over Duterte.