Lawyer sees ICC junking of Duterte jurisdiction challenge
‘It’s the same argument the Philippines made in 2023 when we appealed after the Pre-Trial Chamber reopened the investigation. So we’re not surprised by this move’
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Daily Tribune‘It’s the same argument the Philippines made in 2023 when we appealed after the Pre-Trial Chamber reopened the investigation. So we’re not surprised by this move’
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(FILE PHOTO) Former Philippine President Rodrigo Duterte is seen on a screen with his lawyer Salvador Medialdea (L) in the courtroom during his first appearance before the International Criminal Court (ICC) on charge of crimes against humanity over his deadly crackdown on narcotics, in The Hague on 14 March 2025. The 79-year-old, the first ex-Asian head of state to face charges at the ICC, followed by videolink during a short hearing to inform him of the crimes he is alleged to have committed, as well as his rights as a defendant. Duterte stands accused of the crime against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands.
Peter Dejong / POOL / AFP
The legal challenge posed by former President Rodrigo Duterte’s defense team to the International Criminal Court’s (ICC) jurisdiction is likely to be rejected, according to a lawyer who represents victims of his drug war.
The victims’ counsel dismissed the defense’s plea as a rehash of an argument that had been dismissed in the past.
Gilbert Andres, an ICC-accredited lawyer, explained in an interview on Monday that the defense argument was essentially the same one raised by the Philippines when it tried to stop the ICC from reinvestigating the war on drugs after the country withdrew from the Rome Statute in 2019.
He believes the defense’s chances of success are slim, pointing out that the ICC has already made its stand on the case clear, as shown by the arrest of Duterte.
“This isn’t anything new,” Andres said. “It’s the same argument the Philippines made in 2023 when we appealed after the Pre-Trial Chamber reopened the investigation. So we’re not surprised by this move.”
Andres said the defense is simply trying to delay the proceedings, but assured that the victims will still be able to give their views and comments on the jurisdictional challenge.
Duterte’s lawyers, Nicholas Kaufman and Dov Jacobs, formally contested the ICC’s jurisdiction last week, arguing that Article 127(2) of the Rome Statute, which says that a state cannot be released from its obligations after withdrawing, didn’t apply in Duterte’s case.
They insisted that the ICC no longer had jurisdiction over the Philippines after it withdrew from the treaty that established the international tribunal.
Andres disagreed, pointing out that most international law experts believe the ICC does have jurisdiction over the case. He said the ICC has never released an accused person because of a jurisdictional challenge.
The Philippines officially withdrew from the Rome Statute in 2019 under Duterte’s orders, but the ICC maintains it still has jurisdiction over crimes committed while the country was a state party to the treaty.
The ICC temporarily paused its investigation in 2021 at the Philippine government’s request, but a year later Chief Prosecutor Karim Khan reopened the probe, saying that Manila’s reasons for halting it had no merit.
In 2023, the ICC Appeals Chamber rejected the Philippines’ request to stop the investigation.
Duterte, now 80, has been in ICC custody since his arrest in March. He faces a charge of crimes against humanity for 43 extrajudicial killings that took place between 2011 and 2019 during his tenure as Davao City mayor and as president.
The ICC argued that the killings occurred during the period the Philippines was still a member of the Rome Statute.
Kaufman has expressed confidence Duterte will be exonerated early in the proceedings.
Harry Roque, Duterte’s former spokesperson, who is also an ICC-accredited lawyer and is in the Netherlands seeking asylum, believes the defense has a strong case.
Duterte is under ICC detention in The Hague awaiting the confirmation of charges hearing of his case scheduled for 23 September. Kaufman said they were working on an application for his temporary release, though the lawyers representing the drug war victims strongly oppose this.
