Makati subway contractor seeks int'l arbitration

Lawyers of former president Rodrigo Duterte have challenged the International Criminal Court (ICC)'s jurisdiction and sought his "immediate and unconditional release."

- By EJ MACABABBAD and ELIJAH FELICE ROSALES

In a 38-page filing dated May 1, defense lawyers Nicholas Kaufman and Dov Jacobs maintained that "there is no legal basis" for the continuation of proceedings, and expressed hope that he will be able to return to the Philippines even before his next scheduled hearing at the ICC in September.

They argued that the "preconditions for the exercise of jurisdiction" in the case of the Philippines were not met when the ICC Pre-Trial Chamber I authorized the opening of the investigation in 2021.

"The jurisdictional framework of the Rome Statute is clear: a State must be a State Party at the time of the exercise of jurisdiction," they said, referring to the treaty that established the ICC.

"The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time," they added.

Duterte's defense team argued that all procedural steps taken in the case "lack legal foundation and should be nullified forthwith." "The Defense requests the Pre-Trial Chamber find that there is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte and to order his immediate and unconditional release," it added.

The defense's position is anchored on Article 12 of the Rome Statute, which outlines the preconditions that have to be met before the ICC can exercise its jurisdiction over a situation.

The ICC prosecutor has yet to respond to the defense's challenge to the court's jurisdiction. The matter is expected to be resolved before the confirmation of charges hearing scheduled on Sept. 23.

Sara: Impeach BBM

President Marcos should be impeached amid the "illegal arrest" of detained former president Duterte, Vice President Sara Duterte said yesterday.

"It is him (President Marcos) who should be impeached after what he did to (former) president Duterte," Duterte said in Cebuano.