Lawyer Gilbert Andres, executive director of the Center for International Law and legal counsel for victims of extrajudicial killings, expressed confidence Tuesday that the International Criminal Court (ICC) has jurisdiction over former president Rodrigo Duterte’s crimes against humanity charges.

On Sunday, Nicholas Kaufman, Duterte’s lead lawyer, said there was a “compelling” argument for throwing out the ICC case against the former Philippine president before it even goes to trial.

Kaufman argued in an interview with Agence France-Presse in The Hague that he hoped to stop the case before the ICC confirms the charges against Duterte, asserting that the court cannot exercise its jurisdiction.

He added that the Philippines’ withdrawal from the court had become effective well before an investigation was authorized.

However, Andres counters Kaufman’s claim, stressing that all four requirements to pursue the case are present in Duterte’s case and emphasizing that the ICC has subject-matter jurisdiction since Duterte is charged with crimes against humanity, which fall within the ICC’s time jurisdiction.

"We are confident that there is indeed jurisdiction. Because the ICC will only look at four things—first, does it have subject-matter jurisdiction? It does, because the charge against Mr. Duterte is for crimes against humanity. Second, are the charges within the time jurisdiction of the ICC? Yes, it is, because it covers the period from November 1, 2011, to March 16, 2019. Third, did the charges against Duterte occur within the Philippines while it was still a state party to the Rome Statute? Yes, it did. And fourth, is Rodrigo Duterte under the custody of the ICC? Yes, he is in [their] custody," he explained in Filipino in a radio interview.

The Philippines officially withdrew from the Rome Statute on 17 March 2019, pursuant to Duterte’s order after learning that the ICC had launched a preliminary investigation into his brutal anti-drug campaign.

Meanwhile, despite the withdrawal in 2019, Duterte was arrested on 11 March for crimes against humanity related to his bloody war on drugs, which claimed the lives of thousands.

He also appeared before the judges of the ICC on 14 March following his arrest and transfer to The Hague via a chartered plane.