Duterte lawyers demand dismissal of ICC case for lack of jurisdiction

The International Criminal Court (ICC) Pre-Trial Chamber I (PTC I) must dismiss the case against former president Rodrigo Duterte and release him immediately from detention because of the prosecution’s failure to launch an investigation into his crimes against humanity charges “within the designated time-period,” the defense lawyers argued.

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In a 10-page document dated July 2 and a publicly redacted version uploaded on the ICC website, defense counsels Nicholas Kaufman and Dov Jacobs argued that the ICC has no jurisdiction on the former president's case.

"At the end of the day, it is the Prosecution which must shoulder the responsibility for its miscalculated and, ultimately, erroneous decision not to initiate an investigation within the designated time-period," the document, titled the “Defense Reply to the Prosecution’s Response to the Defense Challenge on Jurisdiction,” said.

"In light of all the aforementioned, and reincorporating all its previous arguments on the matter, the Defence respectfully requests the Pre-Trial Chamber 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 relief sought part of the reply added.

The defense based this request on the dissenting opinions of Judges Perrin De Brichambaut and Gocha Lordkipanidze on the prosecution’s request to resume the investigation into Duterte’s case in 2023.