Malacanang expressed optimism on Tuesday that a new complaint filed against President Rodrigo Duterte before the International Criminal Court (ICC) would not prosper.

This was after the families of those killed in Duterte's war against illegal drugs filed a complaint before the ICC, accusing Duterte of committing crimes against humanity.

In a press briefing, Presidential Spokesperson Harry Roque said what was filed against Duterte was not a complaint, but a "communication" because it would yet to be acted upon by the ICC.

"Procedure is different. Anyone can file a communication. Even the Pope has a communication filed against him. So that doesn’t mean anything," he said.

"Again, my fearless prediction is, it will not prosper because of the concept on complementarity," Roque said.

He said the ICC could not act unless the local courts have proven to be unable or unwilling to exercise jurisdiction on the complaints.

The complainants, assisted by the National Union of People's Lawyers, have asked the ICC Office of the Prosecutor to indict Duterte from crimes against humanity and award reparation for the victims and complainants.

The ICC has been conducting a preliminary examination against Duterte based on the first communication filed against him by lawyer Jude Sabio in April 2017 for crimes against humanity.

But Duterte has ordered the country's withdrawal from the Rome Statute, which created the ICC.

He has said that the country's accession to the Rome Statute was invalid due to lack of publication of the treaty. Celerina Monte/DMS