Duterte camp challenges ICC jurisdiction

Former Philippine President Rodrigo Duterte's lawyers have submitted a "Defence Challenge with Respect to Jurisdiction" to the International Criminal Court (ICC).

The submission, dated May 1, 2025, was signed by Duterte's counsel Nicholas Kaufman and associate counsel Prof. Dr. Dov Jacobs.

"Pursuant to Article 19(2)(a) of the Rome Statute,1 the Defence 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. 

According to Duterte's lawyers, the preconditions for the exercise of jurisdiction in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorised the opening of an investigation on September 15 2021.

This, as his camp maintained that, "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, more than two years later."

"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," said Duterte's camp in its submission.

Duterte 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 confirmation of charges has been set for September 23, 2025.

Duterte's lawyers, through the submitted document, have asked the ICC for his immediate release.

"The Defence 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. 

Sought for comment, Palace Press Officer Undersecretary Atty. Claire Castro said: ''Kung ang depensa nila ay walang jurisdiction ang ICC then that's part of due process. Let them be at kung ano man po ang magiging tugon dito ng ICC eh nasa kamay na po 'yan ng ICC.''

(If their defense is that the ICC has no jurisdiction then that's part of the process. Let them be and it is up to the ICC whatever its response would be.) —VAL, GMA Integrated News