Duterte Lawyers Challenge ICC Jurisdiction, Seek Immediate Release

 


Duterte Lawyers Fire Back: ICC Jurisdiction Called into Question


In a bold move, Rodrigo Duterte's defense team has fired a fresh salvo in the former president's battle against the International Criminal Court (ICC), challenging the tribunal's jurisdiction to investigate alleged crimes against humanity linked to his brutal war on drugs.

The 38-page document, filed with the Pretrial Chamber (PTC) 1, demands Duterte's "immediate and unconditional release," arguing that the ICC's probe lacks a solid legal foundation. Lead lawyer Nicholas Kaufman asserts that the prosecution has failed to justify the court's authority to examine alleged crimes despite the Philippines' effective withdrawal from the Rome Statute in 2019.

"The prosecutor has never demonstrated that the court was legally authorized to exercise jurisdiction after the Philippines' effective withdrawal from the Rome Statute," Kaufman's team argued. This development raises crucial questions about the ICC's powers and limitations in holding high-profile leaders accountable for human rights abuses.

The defense team pointed to Article 12 of the Rome Statute, which stipulates preconditions for the exercise of jurisdiction. Kaufman claimed these preconditions were not met, rendering the investigation and subsequent case against Duterte null and void. "All procedural steps taken... lack legal foundation and should be nullified," the defense argued.

The Philippines' withdrawal from the Rome Statute followed then-ICC Prosecutor Fatou Bensouda's announcement of a preliminary examination into the war on drugs, which left thousands dead. Current ICC Prosecutor Karim Khan inherited the investigation, but Duterte's team insists that the court lacks jurisdiction.

In response, Presidential Communications Office Undersecretary Claire Castro said the submission of Duterte's lawyers is part of due process. "If their defense is the ICC does not have jurisdiction, then that's part of due process. Let them be," Castro said.


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