The United States President Donald Trump has made no secret of his hostility toward institutions that could potentially castigate him. One of his recent attacks was against the International Criminal Court (ICC), describing it as a “rogue institution” run by an “evil group of people.” He further called for all member states to resign or withdraw from the global authority.
And when news of Trump calling for members to resign reached Philippine media, Duterte’s supporters, to their delight, used his aggressive rhetoric as validation of their criticisms of the tribunal. But there is a difference between political pressure and legal authority, and so no, he has no direct power over current cases.
Trump’s sanctions and statements could change the environment toward the court or bring in institutional strains, but he cannot legally dismiss or cancel Duterte’s ongoing case before the ICC as the court operates independently, contrary to what the former president’s supporters believe. Communications Undersecretary Claire Castro further confirmed in a recent press conference that while they respect the call, Trump’s statements have no actual effect on the ICC’s investigation into the drug war.
Although the Philippines officially withdrew from the ICC in 2019, the court retained its jurisdiction over alleged crimes committed between its active window of November 2011 and March 2019, when the country was still officially a state party to the Rome Statute. Duterte will face trial for his case on crimes against humanity starting November 30.
TRUMP VERSUS ICC AND THE MEDIA
Trump’s confrontation with the court is hardly new. He’s been at it for so long, actively opposing the ICC since he was first appointed to office, and intensifying his campaign against it during his second term. He continues to argue that The Hague court has overstepped its bounds after pursuing officials from non-ICC member countries like the U.S. and Israel. But this could just be Trump’s way of avoiding scrutiny — or his own demise — at the hands of the Hague-based institution for his war crimes, as others view it.
According to Al Jazeera, the administration is reportedly preparing sweeping sanctions against the tribunal, which could later on affect its finances and investigations.
Apart from his attack on the ICC, Trump also recently mocked the press and banned media outlets from the White House, specifically CNN, MS Now, and Politico, citing that they were writing false stories about his administration. He launched his own channel, Trump TV, on September 22 after other TV networks and members of the fourth estate stopped their coverage in solidarity with the prohibited organizations.
Frequently asked questions
No. Trump’s statements and sanctions can put political and institutional strain on the ICC, but he has no legal authority to dismiss or cancel Duterte’s ongoing case.
The ICC keeps jurisdiction over alleged crimes committed between November 2011 and March 2019, when the Philippines was still a state party to the Rome Statute, before its withdrawal.
Duterte’s trial for crimes against humanity over his drug war is set to begin on November 30 at the International Criminal Court in The Hague.
Communications Undersecretary Claire Castro said the government respects Trump’s call but that his statements have no actual effect on the ICC’s investigation into Duterte’s drug war.
Trump argues the ICC has overstepped its bounds by pursuing officials from non-member countries like the U.S. and Israel. Critics see his opposition as a way to avoid scrutiny.
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