The legal team of former President Rodrigo Duterte has again urged the International Criminal Court (ICC) to end the case against him, asserting that the tribunal no longer has jurisdiction following the Philippines’ withdrawal from the Rome Statute.
In a submission dated July 10, Duterte’s lawyers reiterated their call for the ICC’s Pre-Trial Chamber I to dismiss the proceedings and “order his immediate and unconditional release.” This follows the defense’s earlier argument filed in May, which emphasized that the ICC should not continue investigating events that occurred in a country that is no longer a member of the court.
“The Philippines’ withdrawal from the Rome Statute became effective on March 17, 2019,” the May 1 filing said. “When the former prosecutor filed her request, and the Pre-Trial Chamber issued its decision more than two years later, the preconditions to the exercise of jurisdiction could no longer be, nor were they, fulfilled.”
Duterte’s defense lawyers, led by Nicholas Kaufman and Dov Jacobs, accused the ICC prosecution of withholding vital materials during the preliminary examination phase, arguing that repeated delays in disclosure “palpably impeded the defense’s preparation of the jurisdictional challenge.” They described the failure to turn over the materials as more than mere oversight and claimed it directly impacted their ability to build a strong case.
The defense also contested the prosecution’s interpretation of Article 12(2) of the Rome Statute, stating that the ICC has no authority to pursue cases once a member state has exited the treaty. They warned against relying on the “fight against impunity” as a blanket justification, citing the Katanga case, where the court emphasized a suspect’s rights to due process.
“Mr. Duterte has never expressed a desire to shirk accountability,” the defense said, further invoking the principle of complementarity and the existence of domestic proceedings in the Philippines.
Kaufman, in an interview with GMA Integrated News over the weekend, echoed Duterte’s earlier position on the matter. “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,” he said.
Now 80, Duterte remains at the ICC Detention Center as he awaits trial for alleged crimes against humanity linked to the thousands of deaths during his anti-drug campaign while serving as mayor of Davao City and later as president.
“Many of us want to see him released. He’s an 80-year-old man. He should be released, in my opinion,” Kaufman added, while noting that the issue remains under litigation.
The confirmation of charges hearing is scheduled to begin on September 23.
