ICC has no authority to probe ex-Philippines president – Duterte’s daughter

Sara Duterte has demanded the release of her father since the country withdrew from the court before the investigation

Sara Duterte, the daughter of former Philippines President Rodrigo Duterte, has condemned the International Criminal Court (ICC) for keeping her father in prison, saying it has no authority to investigate his alleged crimes.

Rodrigo Duterte was arrested in March 2025, six years after the Philippines withdrew from the ICC, and was extradited to the Netherlands on charges of crimes against humanity linked to his anti-drug campaign, which some claim led to extrajudicial killings. He remains in detention in The Hague, denying the allegations and calling his arrest unlawful.

“They started investigating more than a year after we had withdrawn from the ICC,” Sara Duterte said at a rally of Philippines expats in Seoul, South Korea on Sunday. “That means they shouldn’t have investigated at all, there’s only limited time during which they can act.”

She argued that the ICC had no right to intervene beyond one year after withdrawal. “Otherwise, what’s to stop them from investigating cases a hundred years later? That’s not acceptable. That’s why the lawyers are asking for the case to be dismissed – because the court no longer has jurisdiction.”

The ICC insists it has jurisdiction, saying the alleged crimes occurred while the Philippines was a member from 2011 to 2019, and has set the trial for September 23.

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Despite her criticism of the court, Duterte said her father would not flee or interfere with the investigation if released.

“He won’t run. He’s 80 years old and ill. If the ICC looks for him, they know where to find him. He’ll just be in Davao City,” referring to Duterte’s home city, where he was reelected mayor this spring while still in ICC detention.

Critics have accused the ICC of neo-colonial bias for primarily prosecuting individuals from the Global South while not holding Western leaders accountable. The vast majority of criminal cases involve individuals from Africa.

Sara Duterte, now the Philippines vice president, is facing impeachment on charges ranging from misuse of public funds to plotting to assassinate President Ferdinand Marcos Jr.