The Duterte defense-invoked Rome statute Art. 12 re jurisdiction of the ICC

ROME STATUTE OF THE ICC Articles 12 & 13

As applicable to the Philippines

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Article 12

Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13

Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

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BOTTOMLINE:

Will the Rome Statute-withdrawn Philippine State through its Marcos government MAKE OR NOT MAKE the Art. 12(3) requisite “declaration lodged with the Registrar, [to] accept the exercise of jurisdiction by the Court with respect to the crime in question,” the Duterte drug war Carime Against Humanity of Murder? Stated otherwise, the ball or buck which the Marcos government passed (by surrender of its arrested Duterte) to the ICC appears to be now coming back to the Marcos government -- as may be determinative of the ICC exercising or not jurisdiction in the Duterte Case. Quo vadis? -- Judge Soliman M. Santos, Jr. (Retd.), Naga City, 5 May 2025