Duterte’s decision to withdraw the Philippines from the International Criminal Court has prompted outcry from certain members of the opposition and human rights groups. But what exactly is he walking away from? Southeast Asia Globe breaks down the purpose of the ICC, and what a withdrawal really means for the Philippines.

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On Sunday, 17 March, the Philippines will become just the second country to withdraw from the International Criminal Court (ICC) since its inception in 2002, assuming President Rodrigo Duterte gets his way.

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“From some of President Duterte’s past statements, it appears that he either doesn’t understand or objects to the reality that the ICC retains jurisdiction over a state during the time it was a party to the Rome Statute, even if the state withdraws from the Statute,” Zachary D. Kaufman, a lecturer at Stanford Law School and senior fellow at the Harvard Kennedy School Carr Center for Human Rights Policy, wrote in an email to Southeast Asia Globe.

“So, President Duterte and others in the Philippines will still be subject to the ICC’s jurisdiction for that time period even after the country withdraws.

“In addition, crimes committed in the Philippines after Sunday could come under the ICC’s jurisdiction if referred by the UN Security Council. So, even with this withdrawal, alleged atrocity perpetrators in the Philippines remain subject to the ICC for crimes committed since November 2011 and could be subject to the ICC for future offenses,” Kaufman wrote.

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Can the ICC still investigate Duterte if the Philippines withdraws from it?

In short, yes.

“From some of President Duterte’s past statements, it appears that he either doesn’t understand or objects to the reality that the ICC retains jurisdiction over a state during the time it was a party to the Rome Statute, even if the state withdraws from the Statute,” Zachary D. Kaufman, a lecturer at Stanford Law School and senior fellow at the Harvard Kennedy School Carr Center for Human Rights Policy, wrote in an email to Southeast Asia Globe.

“So, President Duterte and others in the Philippines will still be subject to the ICC’s jurisdiction for that time period even after the country withdraws.

“In addition, crimes committed in the Philippines after Sunday could come under the ICC’s jurisdiction if referred by the UN Security Council. So, even with this withdrawal, alleged atrocity perpetrators in the Philippines remain subject to the ICC for crimes committed since November 2011 and could be subject to the ICC for future offenses,” Kaufman wrote.

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So what difference will it make if and when the Philippines leaves?

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Kaufman agrees that it could affect the Philippines’ international image.

“Being a state party to the treaty of the world’s first and only permanent international criminal tribunal holds great symbolic weight. Especially given that ratifying the Rome Statute affirmatively exposes a state’s citizens to the ICC’s jurisdiction,” he wrote.

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