Remulla Asserts ICC Lacks Jurisdiction Over Philippines, Only Individuals

Manila: Justice Secretary Jesus Crispin Remulla reaffirmed that the International Criminal Court (ICC) does not have jurisdiction over the Philippines as a state, but rather only over individuals accused of crimes under international humanitarian law. During an inquiry by the Senate Committee on Foreign Relations, Remulla explained that while the ICC's jurisdiction spans globally, it is limited to prosecuting individuals and not states.

According to Philippines News Agency, Remulla cited Republic Act No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, enacted in 2009. This legislation aligns the Philippines with international legal standards, defining and penalizing serious international crimes. Remulla emphasized that the ICC only prosecutes individuals, meaning the Philippines is not obligated to cooperate with the court. However, Filipino citizens accused of crimes under ICC jurisdiction must face proceedings independently.

The discussion gained renewed attention when Senator Imee Marcos questioned the ICC's authority regarding the arrest of former president Rodrigo Duterte on March 11, 2025. Marcos challenged the ICC's jurisdiction claim, noting the Philippines' withdrawal from the Rome Statute on March 17, 2018. She expressed confusion over the ICC's ability to claim jurisdiction despite the withdrawal and sought clarification from Remulla on whether treaty ratification was irrelevant in determining the ICC's authority over Filipino individuals.

Remulla reiterated that while the state itself is not under ICC jurisdiction, individuals can still be subject to its rulings. He added that the Philippine government has not assisted or cooperated with the ICC's investigation into Duterte.