Former Philippine president Rodrigo Duterte’s legal team has formally contested the jurisdiction of the International Criminal Court (ICC), asserting that the tribunal lacks authority to prosecute him over alleged crimes against humanity linked to his anti-drug campaign.
In a filing before the ICC’s Pre-Trial Chamber, lead counsel Nicholas Kaufman and Professor Dr. Dov Jacobs submitted a “Defense Challenge with Respect to Jurisdiction,” arguing that the court’s mandate does not apply in Duterte’s case.
The defense cited Article 19(2)(a) of the Rome Statute and said the ICC’s conditions for jurisdiction were no longer valid when it authorized a formal investigation in September 2021.
“The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,” the defense said, referencing the country’s formal withdrawal from the ICC, which took effect on 17 March 2019.
Duterte’s legal team emphasized that more than two years had passed between the Philippines' withdrawal and the ICC’s move to launch its probe.
“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,” the submission stated.
The defense has asked the Pre-Trial Chamber to declare that the proceedings have no legal basis and to order Duterte’s immediate and unconditional release, calling the case illegitimate.
The ICC has scheduled the confirmation of charges hearing for 23 September 2025.