Duterte's Defense Challenges ICC Jurisdiction in Human Rights Case

The Hague — Former President Rodrigo Duterte's legal team has formally requested the International Criminal Court (ICC) to terminate proceedings against him, asserting that the court lacks jurisdiction over his case concerning alleged crimes against humanity. This appeal, spearheaded by lead counsel Nicholas Kaufman and associate counsel Dov Jacobs, was submitted to the court on July 10, 2025, and follows a similar argument made on May 1 of the same year.

In their latest submission, the defense contended that the ICC's jurisdiction is fundamentally undermined by the Philippines' withdrawal from the Rome Statute, which became effective on March 17, 2019. According to Duterte's lawyers, the legal framework of the ICC stipulates that it cannot exercise jurisdiction over acts committed after a state has withdrawn from the statute. "The preconditions to the exercise of jurisdiction could no longer be, nor were they, fulfilled," the defense stated in their filing.

The defense's position is bolstered by references to Article 12(2) of the Rome Statute, which outlines the conditions under which the ICC may assume jurisdiction. They argue that the preliminary examination phase does not carry the legal weight required for establishing jurisdiction once a state has formally exited the treaty. Moreover, they criticized the prosecution's interpretation of the Rome Statute, asserting that it improperly prioritizes victims' expectations over the rights of the accused.

In response to the prosecution's assertions, which were expressed in a document submitted on June 10, 2025, regarding evidence access and the legal basis for the investigation, the defense claimed that delays in evidence disclosure severely hindered their ability to prepare a robust jurisdictional challenge. They noted that key materials were only provided after multiple requests, which they argue constituted a significant obstruction to their legal strategy.

Duterte, who currently awaits trial at the ICC Detention Center, faces charges related to extrajudicial killings associated with his controversial war on drugs, a campaign that drew international criticism during his presidency. The lead defense attorney, Kaufman, emphasized in a recent interview that every Filipino has the right to be tried in their own country, saying, "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 also highlighted Duterte's age, stating, "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." The confirmation of charges hearing is scheduled to commence on September 23.

The implications of this case extend beyond Duterte himself, as it raises broader questions about accountability and the role of the ICC in addressing human rights violations. Critics argue that the pursuit of justice must not come at the expense of legal propriety and due process for those accused. As the defense continues to challenge the court's jurisdiction, the international community remains watchful, aware that the outcome may set a significant precedent for similar cases in the future.

In conclusion, the unfolding legal battle encapsulates the tension between national sovereignty and international justice, a dynamic that will likely influence not only Duterte’s fate but also the operational framework of international legal institutions like the ICC. As the world awaits the confirmation hearing, all eyes will be on how the court navigates the complex interplay of law, politics, and human rights in this landmark case.