FACT CHECK: ICC president’s remarks on court jurisdiction misrepresented.

A spliced video of ICC President Judge Tomoko Akane has been misleadingly shared by supporters of former President Rodrigo Duterte, falsely claiming that the ICC lacks jurisdiction over his case.

Claim:

Judge Akane allegedly stated that the ICC has no jurisdiction over countries that are not ICC members.

Rating:

MISSING CONTEXT

Why it Matters:

A viral Facebook reel with over 4.2 million views, 27,000 reactions, and 24,000 shares claims that the ICC has no authority over Duterte’s case, supposedly based on Akane’s statement.

The Facts:

The video is spliced and lacks context. Akane’s comments were made on March 19 during a discussion with the European Parliament’s Human Rights and Legal Affairs Committees.

Her statement at the 11:31:35 timestamp was in response to a question about ecocide—not Duterte’s case. She explained that crimes occurring in non-member countries by non-member individuals fall outside ICC jurisdiction, particularly for crimes not covered by the Rome Statute, such as ecocide.

The misleading clip selectively edited her words to falsely imply that Duterte’s case is outside ICC jurisdiction.

ICC's Jurisdiction Over Duterte’s Case:

• The Philippines ratified the Rome Statute in 2011, placing it under ICC jurisdiction until its withdrawal in 2019.

• Despite the withdrawal, Article 127 (2) of the Rome Statute states that a country remains accountable for crimes committed while it was a member.

• Duterte’s alleged crimes against humanity during the drug war occurred before the withdrawal, so the ICC retains jurisdiction over his case.

Current Status:

Duterte is detained at Scheveningen Prison in The Hague and is scheduled to appear before the ICC on September 23, 2025, for a confirmation of charges hearing.

Source:https://www.rappler.com/newsbreak/fact-check/icc-president-statement-court-jurisdiction-taken-out-context/