Fact check: Edited video of ICC President Akane’s remark on court's jurisdiction misleads
MANILA, Philippines — A video of International Criminal Court (ICC) President Tomoko Akane explaining the tribunal’s jurisdiction was edited in a misleading way to suggest she was referring to former President Rodrigo Duterte’s case.
The clip spliced together two separate statements from a March 19 meeting with the European Parliament, creating the false impression that Akane said the ICC lacks jurisdiction over crimes committed in the Philippines.
Overlay text in several TikTok videos further misrepresented her remarks, implying that Duterte would be released from detention and return to the country.
In the video, Akane was heard saying:
“We (the ICC) don’t have jurisdiction. Same thing I can tell you. For example, if crimes occur on the soil of non-state parties by non-state parties’ persons, we don’t have jurisdiction, whatever the crime is.
And this UN Security Council refer(s) the situation to us. So, we have the limitation under the Rome Statute what kind of crimes and what kind of people and the jurisdiction on the territory.”
In one video, this was combined with the text: “‘Wag na sayangin ang luha. Maghanda nalang sa pagdating ng tatay ng Pilipinas (Don't waste your tears. Just prepare for when father [Duterte] returns to the Philippines.)”
Meanwhile, another video claimed: “Mukhang malapit ng umuwi si FPRRD (It seems like former President Rodrigo Duterte will soon be coming home.)
RATING: This is misleading.
Facts
Akane was not referring to the Philippines or any specific country when explaining the tribunal’s jurisdiction.
During a March 19 meeting of the European Parliament’s subcommittee on human rights and committee on legal affairs, Akane discussed how the Trump administration’s sanctions on the ICC could affect its operations and investigations.
She responded to questions and criticisms, stressing that the ICC operates independently within the bounds of the Rome Statute, with prosecutors acting separately from judges, who rule based on presented evidence.
Further explaining the tribunal's jurisdiction, she said the ICC cannot investigate crimes committed in non-member countries by individuals from non-state parties.
At the 11:31:36 mark of the recorded session, Akane’s statement appeared in the spliced video, but the phrase “we don’t have jurisdiction” was misleadingly placed at the start.
Missing from the clip was a crucial detail: under Article 127 of the Rome Statute, the ICC retains jurisdiction over alleged crimes committed while a country was still a member.
For the Philippines, this covers atrocities from November 1, 2011 to March 16, 2019. The same was said in the ICC’s case information sheet on Duterte’s suspected crimes against humanity charges.
Regarding Duterte’s possible return, his legal counsel, Nicholas Kaufman, said he will apply for interim release. This will be decided by ICC judges. However, no such application has been published on the ICC’s website as of writing, meaning claims of his return are false and misleading.
Why we fact-checked this
Akane, as ICC president, has been the target of edited content misusing her authority to spread false and misleading narratives supporting Duterte’s release.
False quote cards bearing her name and photo, along with spliced videos, have circulated on social media, falsely claiming she ordered Duterte’s release.
A TikTok video by user julius_g23, posted on March 23, 2025, has gained over 22,100 views, 773 likes and 104 comments as of March 27.
Another TikTok video, posted the same day by user amuyoiyg679, has amassed over 931,100 views, 53,200 likes, 2,600 comments and 4,900 shares.
The ICC’s ongoing investigation into Duterte’s “war on drugs” examines thousands of extrajudicial killings acknowledged by the government, with estimates from human rights groups reaching up to 30,000.
It also includes alleged atrocities linked to the Davao Death Squad during Duterte’s tenure as Davao City mayor.
Philippine authorities arrested Duterte on March 11 following an International Criminal Police Organization (Interpol) notification of the ICC arrest warrant.
He was transferred to ICC custody in The Hague, Netherlands, on March 12 and made his initial appearance before Pre-Trial Chamber I two days later.
The Office of the Prosecutor and the defense are currently disclosing evidence, including witness testimonies, as part of the ICC’s due process in preparing for the confirmation of charges hearing set for September 23.
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