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Duterte camp insists ICC lacks jurisdiction, urges his immediate release
THE HAGUE – Former President Rodrigo Duterte’s defense team has insisted that the International Criminal Court (ICC) should end the proceedings in his crime against humanity case for lack of jurisdiction.
Repeating the arguments in their May 1 submission, lead defense counsel Nicholas Kaufman and associate counsel Dov Jacobs asked the Pre-Trial Chamber I ''to find that there is no jurisdictional basis for the continuation of proceedings against Mr. Duterte and to order his immediate and unconditional release.''
The latest document, dated July 10, responded to the prosecution’s earlier position on June 10, raising concerns over access to evidence and the legal basis of the investigation.
The defense said the prosecution delayed the disclosure of key materials related to proceedings during the preliminary examination phase. These materials, the defense argued, were essential to their jurisdictional challenge and had only been disclosed after repeated requests.
“The prosecution’s failure to initiate [REDACTED] goes beyond mere oversight. Such wilful neglect palpably impeded the defense’s preparation of the jurisdictional challenge,” the defense stated.
According to the defense, this delay had a significant impact on their preparation and may have influenced previous motions to disqualify judges.
The defense also challenged the prosecution’s interpretation of Article 12(2) of the Rome Statute, which outlines conditions for the court to exercise jurisdiction.
Duterte’s lawyers argued that the ICC cannot investigate acts committed in a state that is no longer a party to the Rome Statute at the time jurisdiction is exercised.
''The Philippines’ withdrawal from the Rome Statute became effective on March 17, 2019. When the former prosecutor filed her request, and the Pre-trial Chamber issued its decision more than two years later, the preconditions to the exercise of jurisdiction could no longer be, nor were they, fulfilled,'' the Duterte camp said on May 1.
They maintained that a preliminary examination, unlike an investigation, does not require formal conditions and does not carry legal weight once a state has withdrawn.
The defense also rejected arguments invoking the “fight against impunity'' to justify an interpretation of the Rome Statute.
Citing past rulings, including the Katanga case, the defense argued that “the pursuit of accountability cannot prioritize victims’ expectations over a suspect’s right to legal propriety and due process.”
While the prosecution argued that Duterte should not benefit from the Philippine government’s decision to withdraw from the Rome Statute, the defense countered that the principle of complementarity and ongoing domestic proceedings should be taken into account.
''Mr. Duterte has never expressed a desire to shirk accountability,'' the defense said.
In an interview with GMA Integrated News on Saturday, Kaufman reiterated a previous statement attributed to the former president upon his arrest in March.
“It’s the right of every Filipino to be tried in front of a Filipino court and a Filipino judge and to be prosecuted by a Filipino accuser or prosecutor,” Kaufman said.
Duterte is currently at the ICC Detention Center awaiting trial in connection with the killings in his war on drugs when he was mayor of Davao City and when he was president of the Philippines.
“Many of us want to see him released. He’s an 80-year-old man. He should be released, in my opinion, but that matter is subject to litigation at the moment. It’s ongoing, and I cannot comment any further on it,” Kaufman said.
The confirmation of charges hearing is set to begin on September 23. —VBL, GMA Integrated News
