ICC asked to junk Duterte bid to block jurisdiction

THE International Criminal Court’s (ICC) prosecution has asked the Appeals Chamber to throw out former Philippine President Rodrigo R. Duterte’s challenge to the court’s jurisdiction, saying Manila’s 2019 withdrawal from the Rome Statute can’t shield officials from accountability for crimes committed while the country was still a member.

- Erika Mae P. Sinaking

In a 22-page filing dated Dec. 8, Deputy Prosecutor Mame Mandiaye Niang said the court has affirmed its jurisdiction several times in the Philippine situation — through prior arrest-warrant rulings, Pre-Trial Chamber decisions and an earlier ruling by the Appeals Chamber.

The prosecution argued that these decisions consistently establish that withdrawal does not erase obligations incurred during membership.

The case centers on whether Mr. Duterte, as Davao City mayor and later as President, bears responsibility for thousands of alleged extrajudicial killings tied to anti-drug operations that prosecutors describe as a “widespread and systematic attack” against civilians. Such allegations fall squarely under crimes against humanity, the prosecution said.

Mr. Duterte started the withdrawal process days after then-ICC prosecutor Fatou Bensouda announced a preliminary examination into the drug war deaths, according to the filing.