(May 2, 2025) – Former president Rodrigo Duterte’s camp has called on the International Criminal Court (ICC) to settle the question of jurisdiction ahead of the confirmation of charges over his possible crimes against humanity.
In a 38-page filing submitted on Thursday, lawyers Nicholas Kaufman and Dov Jacobs argued that the ICC should first determine whether it even has the authority to try Duterte due to the issue of jurisdiction.
“For the sake of judicial efficiency, the defence submits that this challenge should be resolved as a preliminary matter. Such an approach will prevent the unnecessary expenditure of resources incurred by allowing a confirmation of charges hearing to proceed in the absence of any jurisdictional basis,” wrote Duterte’s lawyers.
Central to the argument of Duterte’s camp is the Philippines’ withdrawal from the Rome Statute in 2018, which officially took effect in 2019.
The ICC has maintained that it has jurisdiction over the Philippines from 2011 to 2019 since the country was still a member. However, Duterte’s lawyers claim that once the country’s withdrawal took effect, the tribunal lost its authority to act.
They also questioned the timing of the ICC’s decision to investigate, which was approved in 2021 or two years after the withdrawal was finalized.
“The liberty of the individual is at stake and the present prosecutor should not be fighting tooth and nail to perpetuate or defend an erroneous decision taken by his predecessor,” added the lawyers.
Former prosecutor Fatou Bensouda opened the probe in 2018. She stepped down in 2021 and was replaced by current prosecutor Karim Khan.
Duterte was arrested on March 11 and is detained at the ICC in The Hague, Netherlands. His confirmation of charges is scheduled for September 23, which will determine if the case will proceed to a trial.
ICC-accredited lawyer Joel Butuyan, who represents victims of the war on drugs, has criticized Kaufman for allegedly focusing on “petty semantics” and procedural loopholes instead of confronting the gravity of the case.
(PM)
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