Duterte’s Defense Team Challenges ICC Jurisdiction
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MAY 02,2025
MANILA, Philippines — The legal team of former President Rodrigo Duterte has formally challenged the International Criminal Court (ICC), questioning its jurisdiction over the arrest and trial of the former Philippine leader for alleged crimes against humanity tied to his controversial war on drugs.
In a 38-page legal document filed on May 1 titled “Defense Challenge with Respect to Jurisdiction”, defense lawyers Nicholas Kaufman and Dr. Dov Jacobs argued that the ICC’s continued proceedings against Duterte have no legal basis, emphasizing that the Philippines was no longer a party to the Rome Statute when the ICC approved the investigation on September 15, 2021.
“The preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met,” the defense stated. “The Republic of the Philippines was no longer a state party to the Rome Statute at that critical point in time.”
Duterte’s Defense Team-ICC Maintains Jurisdiction Despite Withdrawal
However, the ICC has previously clarified that although the Philippine government officially withdrew from the Rome Statute on March 17, 2019, the Court still retains jurisdiction over alleged crimes committed while the country was still a member, covering incidents from November 1, 2011 to March 16, 2019.
Duterte’s Legal Team Asserts His Liberty Is at Stake
Duterte’s defense team also criticized the current and former ICC prosecutors for allegedly failing to consult their own “special advisors” during the investigation process.
“The defense is informed that neither the former nor current prosecutor sought input from any of their ‘special advisors’ on issues crucial to this case,” the document noted.
Further reinforcing their position, Duterte’s lawyers referenced President Ferdinand Marcos Jr., who previously expressed that Duterte should not be prosecuted by the ICC. They cited an exchange of letters, stating that President Marcos pledged not to cooperate with the ICC, signaling the current administration’s lack of support for the proceedings.
“President Marcos even gave a written undertaking that his government would not assist the ICC in any way, shape, or form,” the defense stated.
Duterte defense team formally challenges ICC jurisdiction
Legal Challenge Demands Case Dismissal and Duterte’s Release
Calling the entire investigation and arrest “procedurally defective,” Duterte’s legal team concluded that all actions taken by the ICC against the former president should be nullified. They formally requested the Pre-Trial Chamber to halt proceedings and issue Duterte’s immediate and unconditional release.
“There is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte,” they emphasized.
Background: ICC Case Over Drug War Killings
Duterte is currently in ICC custody in The Hague and is facing charges for crimes against humanity stemming from the drug war operations carried out during his presidency. While the Philippine National Police reported around 6,000 deaths, human rights groups allege the death toll could reach as high as 20,000, including victims of extrajudicial killings.
RELATED STORY: Disagrees: Marcos Rejects Imee’s ICC Arrest Claims
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