How a state party to the Rome Statute may withdraw from ICC?

President Rodrigo Duterte, on March 14, has announced that the Philippines will withdraw from the Rome Statute “effective immediately”. (Photo Courtesy of Rappler)

The Philippines will break free from the Rome Statute, the treaty that established the International Criminal Court (ICC) if President Rodrigo Duterte will have his way.

Duterte unambiguously stated that the country is withdrawing its ratification of the Rome statute effective immediately.

But according to the Article 127 of the Rome Statute, there is a one year period before the withdrawal takes effect. Here’s the step-by-step withdrawal.


(Photo courtesy of Justice Hub)
  1. “A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
  2. “A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

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