ICC counsel for victims urge dismissal of Duterte’s jurisdiction challenge

The International Criminal Court’s Office of the Public Counsel for Victims has asked the tribunal to dismiss former President Rodrigo Duterte’s challenge regarding the tribunal’s jurisdiction.

Duterte’s lawyers earlier argued that 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.

They noted that the Philippines' withdrawal from the Rome Statute took effect on March 17, 2019 and the Pre-trial Chamber issued its decision, more than two years later.

ICC Principal Counsel Paolina Massida pointed out that the Philippines’ withdrawal has no legal effect as the Prosecutor’s preliminary examination started even before the withdrawal took effect.

“The preliminary examination conducted by the Office of the Prosecutor in the Situation in the Republic of the Philippines must be considered as ‘a matter’ that was ‘already under the consideration of the Court’ prior to the date on which the State’s withdrawal became effective and thus the Court may exercise its jurisdiction over the case against Mr Duterte,” according to the 27-page document dated June 9.

Duterte pulled the Philippines out of the Hague-based ICC's Rome Statute in 2018, with the withdrawal taking effect in 2019, after the tribunal began a preliminary probe into his administration's drug war.

In 2021, Supreme Court ruling said the Philippines has the obligation to cooperate with the ICC despite its withdrawal from the Rome Statute, noting that the exit does not affect criminal proceedings pertaining to acts that occurred when a country was still a state party.

Duterte was arrested and is detained at the Hague Penitentiary Institution or the Scheveningen Prison while awaiting trial in March this year.

With Duterte’s arrest, the ICC principal counsel noted that the government’s surrender of the former president shows that “the Government of the Philippines still considered itself to be bound by the Statute when complying with the Arrest Warrant and surrendering the suspect into the custody of the Court.”

“This further provides an irrefutable proof to the effect that the Republic of the Philippines does consider that the Court still can exercise its jurisdiction over the crimes committed in its territory as described in the Warrant of Arrest against Mr Duterte, pursuant to articles 12 and 127 of the Statute,” the document further read.

“For the foregoing reasons, the Principal Counsel respectfully requests the Chamber to dismiss the Defence Challenge,” it concluded.

The confirmation of charges has been set for September 23, 2025. — BAP, GMA Integrated News