Rodrigo Duterte ICC: Legal Options Shrinking
2 min read
APRIL 21,2025
MANILA, Philippines — Former President Rodrigo Duterte is running out of legal moves in the International Criminal Court (ICC) case against him. According to human rights lawyer Neri Colmenares, only two strategies remain: challenging the ICC’s jurisdiction and questioning the admissibility of the case.
Rodrigo Duterte ICC case update follows the ICC Pre-Trial Chamber I’s decision to reject Duterte’s request to limit the ID documents submitted by drug war victims and their families. This move allows more victims to participate, potentially strengthening the case.
Rodrigo Duterte ICC: No Escape Through Common Legal Defenses
Colmenares clarified that Duterte cannot rely on typical legal defenses like insanity, intoxication, or duress. These do not apply to the charges he faces.
“All of these cannot be used by former President Duterte to exclude him from criminal responsibility,” Colmenares said. “So, the only thing left for them is jurisdiction and admissibility.”
Rodrigo Duterte ICC Jurisdiction and Case Admissibility in Focus
Rodrigo Duterte ICC and his legal team argue that the ICC has no authority since the Philippines withdrew from the Rome Statute in 2019. However, legal experts point out that the ICC retains jurisdiction over crimes committed before the withdrawal took effect.
For a case to be inadmissible, a country must be actively investigating or prosecuting the same crimes. So far, the Philippines hasn’t shown that it is doing so.
Colmenares stressed that Duterte must block the case before the September 23 confirmation of charges hearing. If the court confirms the charges, a full trial will proceed.
“Once the trial is set, it will go on. They have to stop it now or face the process head-on,” he said.
Witness Spotlight: Retired Police Col. Royina Garma
Colmenares also mentioned that retired Police Colonel Royina Garma, currently detained in the United States, could serve as a key witness.
Garma previously testified in the Philippine Congress, revealing that Duterte allegedly rewarded police officers for killing drug suspects. This testimony could become vital in the ICC proceedings.
Three conditions must be met for Garma to testify in The Hague:
- ICC prosecutors must consider her a crucial witness.
- The U.S. must allow her to be transferred.
- Garma must agree to participate.
“The U.S. may cooperate given Duterte’s pro-China stance,” Colmenares added. “They might see her testimony as a step toward justice.”
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