MANILA – Former President Rodrigo Duterte has formally challenged the jurisdiction of the International Criminal Court (ICC) over his alleged crimes against humanity.
Duterte’s counsel Nicholas Kaufman and associate counsel Prof. Dr. Dov Jacobs submitted a “Defense Challenge with Respect to Jurisdiction” before the ICC on May 1.
“Pursuant to Article 19(2)(a) of the Rome Statute,1 the Defense for Mr. Rodrigo Roa Duterte hereby respectfully submits a challenge to the exercise of jurisdiction by the International Criminal Court,” Duterte’s camp said in the document.
The preconditions for the exercise of jurisdiction in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorized the opening of an investigation on September 15, 2021, Duterte’s lawyer stated.
“The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, it was more than two years later,” the lawyers said.
“As a consequence, all procedural steps taken in the Situation and, subsequently, in the case against Mr. Rodrigo Roa Duterte, lack legal foundation and should be nullified forthwith,” they added.
The former President was flown to The Hague after his arrest on March 11 and was placed in detention at The Hague Penitentiary Institution for charges of crimes against humanity for the extrajudicial killings during the drug war.
The legal representations of Duterte, through the submitted document, have asked the ICC for his immediate release.
“The Defense requests the Pre-Trial Chamber find that there is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte and to order his immediate and unconditional release,” said Duterte’s lawyers.
Meanwhile, Kaufman said in a separate interview that the findings of Sen. Imee Marcos during her Senate inquiry will somehow help their petition for Duterte’s release from ICC.
“I have been following the proceedings in the Senate. I’ve even read the final report. I’ve seen the thorough work that has been done by Sen. Imee Marcos,” Kaufman said in an interview with SMNI.
“Mention has been made of the arrests, mention has been made even of the jurisdictional arguments,” he added. “They are very compelling, and they support our arguments as well.”
“There are definitely arguments that can be derived from that report and will be used. Reference will possibly be made as well,” he further said./PN
