Families of individuals killed during former President Rodrigo Duterte’s war on drugs are preparing to submit their comments to the International Criminal Court (ICC) in response to the former leader’s challenge against the tribunal’s jurisdiction.
According to Atty. Gilbert Andres, an ICC-accredited lawyer representing some of the victims, his clients are expected to share their “observations, views, and comments” on Duterte’s recent attempt to halt the case. The submission is part of the ongoing proceedings related to allegations of crimes against humanity under Duterte’s anti-drug campaign.
Last Thursday, Duterte’s legal team—led by international lawyers Nicholas Kaufman and Dr. Dov Jacobs—argued that the ICC no longer has jurisdiction over the Philippines, as the country had officially withdrawn from the Rome Statute. The withdrawal became effective in 2019.
However, the ICC has maintained that it retains jurisdiction over crimes committed while a country was still a member of the Rome Statute, citing Article 127 of the treaty.
Critics of Duterte, including former Bayan Muna Representative Neri Colmenares, had anticipated this legal maneuver. “They will have to argue on jurisdiction because if the charges are confirmed and this goes to trial, they will not be able to surmount the evidence,” Colmenares noted in an ABS-CBN News report.
The ICC probe includes not just Duterte’s nationwide drug war, which officially resulted in over 6,000 deaths, but also alleged summary executions linked to the so-called Davao Death Squad during his time as mayor. Human rights groups believe the actual number of victims could be as high as 30,000.
Duterte, who appeared before the ICC via video link on March 14, is due to attend a crucial hearing on September 23, where the confirmation of charges will be deliberated.
