After ex-Philippine leader Rodrigo Duterte was handed over to the International Criminal Court (ICC) to face a crimes against humanity charge, a video was falsely shared in posts claiming it showed the court’s president saying it had no jurisdiction over the case. The court has in fact ruled that alleged crimes committed prior to the Philippines’ withdrawal from its founding treaty, the Rome Statute, remain under its purview. The clip used in the false posts shows the ICC president speaking about the limits of the statute in the European Parliament.
“Update from ICC with Judge Tomoko Akane,” reads the caption of a Facebook reel shared on March 24, 2025.
The clip shows ICC President Tomoko Akane saying the court does not have jurisdiction if “crimes occur on the soil of non-state parties by non-state parties or persons”.
Tagalog-language text on the video, using a popular nickname for Duterte, reads: “This is it! The ICC president herself said it. Father Digong can go home early.”
The post surfaced following Duterte’s arrest on March 11; he was then put on plane to the ICC in the Netherlands to face a crimes against humanity charge tied to his drug war in which thousands were killed (archived link).
The 79-year-old is awaiting a confirmation of charges hearing scheduled for September 23 where he will have the opportunity to contest the accusations against him (archived link).
The clip also circulated in other social media posts alongside the same claim, racking up over 150,000 views in total.
But the clip does not show the ICC president speaking about Duterte’s case or whether it falls within the court’s jurisdiction.
While Duterte pulled the Philippines out of the ICC’s founding treaty, the Rome Statute, in 2019 after the tribunal began looking into allegations of systematic extrajudicial killings during his term, the court ruled that alleged crimes committed prior to the withdrawal remained under its jurisdiction (archived link).
The ICC reiterated this position after Duterte’s arrest, saying the case “falls within the jurisdiction of the Court as the alleged crimes occurred during the period when the Philippines was a State Party to the Rome Statute” (archived link).
Read the full story on AFP Fact Check.