Duterte's lawyers question ICC's jurisdiction

Former president Rodrigo Duterte’s defense team has formally challenged the International Criminal Court’s jurisdiction over alleged crimes committed during his presidency.

- By ARGYLL CYRUS GEDUCOS

In a 38-page filing dated May 1, the defense urged the ICC Pre-Trial Chamber to dismiss the case, arguing that the Court no longer has the authority to proceed after the Philippines withdrew from the Rome Statute in March 2019.

“The Court’s jurisdiction must be triggered before the withdrawal has become effective,” the defense, citing ICC judges Gocha Lordkipanidze and Marc Perrin de Brichambaut, stated in its submission.

"Put differently, once the State’s withdrawal has become effective, the Prosecutor can no longer open an investigation," it added.

The defense emphasized that under the Rome Statute, a country must still be a party to the treaty at the time the Court decides to exercise jurisdiction.

"Textually, this indicates that a State must be a party to the Rome Statute contemporaneously with the Court's decision to exercise jurisdiction," the team wrote.

They also took issue with the ICC's reliance on Article 127(2) to justify continuing proceedings after withdrawal.