What question did this study set out to answer?

This brief investigates the limits of the International Criminal Court (ICC) jurisdiction following a state's withdrawal.

April 21, 2026Open Access

Sovereignty, Selective Justice, and the Limits of ICC Jurisdiction in the Duterte Case

Key Points

This brief investigates the limits of the International Criminal Court (ICC) jurisdiction following a state's withdrawal.
Analyzes legal principles surrounding consent and jurisdiction of international tribunals.
Evaluates the implications of state withdrawal from the ICC.
Discusses political risks related to artificial jurisdictional extension.
Highlights the contestable nature of ICC authority post-state withdrawal.
Emphasizes the complexities involving competing political administrations.
Suggests that ongoing adjudicative authority may face significant legal challenges.

Abstract

A Policy Brief on Consent, Complementarity, and the Political Risks of Artificial Jurisdictional Extension This brief does not defend impunity, nor does it reduce the present controversy to the political preferences of competing administrations within the Philippines. Its concern is more fundamental. The issue is whether a consent-based international tribunal may continue to exercise adjudicative authority after a State’s withdrawal has taken legal effect where the legal basis for such authority is, at the very least, genuinely contestable.

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Morris Kiwinda Mbondenyi

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Kabarak University

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Sovereignty, Selective Justice, and the Limits of ICC Jurisdiction in the Duterte Case

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Abstract

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Discussion

Authors

Actions

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References and Citations

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