Presidential Communications Office (PCO) Undersecretary Claire Castro on Sunday clarified that the International Criminal Court (ICC) will base its rulings on the Rome Statute and not on political statements, amid renewed discussions on the case involving former President Rodrigo Duterte.

Castro made the statement in response to Duterte’s camp citing President Ferdinand “Bongbong” Marcos Jr.’s remarks challenging the ICC’s jurisdiction over the alleged crimes against humanity linked to the previous administration’s anti-drug campaign.

“Sa ating pagkakaalam, the ICC will base its decision, order, or resolution on the Rome Statute and it will not be guided by political statements,” Castro said during a press briefing on the sidelines of the ASEAN Summit in Malaysia.

“Kung iyan po ay kanilang gagamitan, ay depende na ito sa ICC kung paano nila ito ie-evaluate,” she added.

In previous submissions to the ICC, Duterte’s camp argued that the Court had “impliedly accepted, for jurisdictional reasons,” that the former president should not be tried. They cited a 2023 letter addressed to Vice President Sara Duterte, in which the government said it would “not assist the ICC in any way or form.”

However, on 23 October, judges of the ICC Pre-Trial Chamber I affirmed the Court’s jurisdiction over the case.

The chamber rejected the defense’s claim that the ICC could not proceed with the investigation since it began in October 2021, after the Philippines’ withdrawal from the Rome Statute.

The judges ruled that the treaty does not limit the ICC’s authority to investigate or prosecute crimes committed while the Philippines was still a State Party.