Former President Rodrigo Duterte’s legal counsel, Nicholas Kaufman, has reiterated that the International Criminal Court (ICC) should not have jurisdiction over Duterte’s case, citing the Philippines’ exit from the Rome Statute.
“I believe there is a strong argument for the lack of ability to exercise jurisdiction, given the Philippines’ withdrawal from the Rome Statute. I hope that the judges would accept my submission,” Kaufman said in an ABS-CBN News report.
Kaufman emphasized that it’s still up to the judges to decide whether Duterte’s team can present their arguments. “It’s the judges who decide when to hear that argument. Obviously I would want it to be heard, first of all. I believe there are compelling arguments and I would seek to persuade the judges,” he added.
Despite the legal defense, the ICC has maintained that it retains jurisdiction over alleged crimes committed while the Philippines was still a State Party to the treaty, particularly from 2011 to 2019. According to the ICC’s report, the court found reasonable grounds to believe Duterte is “individually responsible as an indirect co-perpetrator” in crimes against humanity for thousands of drug war-related killings.
While the Philippines submitted its withdrawal from the Rome Statute in March 2018, the process only took effect a year later — during which many of the alleged crimes occurred.
Kaufman also noted Duterte remains in good spirits despite his age and current situation in detention. “He is in high spirits. And I will maintain that,” he said, recognizing that adjusting to the conditions might be challenging for the 80-year-old.
As for the possibility of Duterte’s interim release, Kaufman confirmed it is under consideration. “Interim release is a right. And it can only be tempered by three factors. The first of which is the risk of flight, the second of which is the risk of interference of witnesses with the evidence, and a third of which is the risk of continued crimes. None of those factors exist in a present situation,” he explained.
The legal team has yet to determine when they will formally file the request for interim release.
Meanwhile, Duterte’s camp asked the public to refrain from politicizing the case. “There was a huge outpouring of support and love both in the Philippines and here in the Netherlands, and that has touched him… He’s aware of what’s going on in the Philippines. Politics will take its course. But that has nothing to do with what’s going on here at The Hague,” Kaufman stated.
He stressed that the proceedings should be allowed to continue without disruption. “There should be full respect for all participants in that process… No one should interfere with that process. Let it run its course,” he said.
Duterte was arrested on March 11 upon arrival from Hong Kong and flown to The Hague on the same day. He appeared via video link on March 14 and is expected to face a confirmation of charges hearing on September 25.
