Lawyers for former Philippine President Rodrigo Duterte have formally challenged the International Criminal Court’s (ICC) jurisdiction over his case and requested his immediate and unconditional release.
The defense team, led by lawyers Nicholas Kaufman and Dov Jacobs, filed a 38-page submission on May 1 before the ICC Pre-Trial Chamber 1, arguing that the court has no legal basis to continue proceedings against Duterte.
The defense contends that the ICC lost jurisdiction when the Philippines withdrew from the Rome Statute in March 2019, following errr Duterte’s order.
They assert that the court’s investigation, authorized in 2021, occurred after the country was no longer a party to the treaty, thus violating the preconditions for exercising jurisdiction under Article 12 of the Rome Statute.
Duterte’s lawyers also criticized the prosecution for relying on Philippine laws and court decisions, including a 2021 Supreme Court ruling that upheld ICC jurisdiction, claiming these do not provide a solid legal foundation.
They further argued that procedural steps taken against Duterte should be nullified due to lack of jurisdiction.
