Duterte lawyers question ICC jurisdiction citing Senate probe

Lawyers for former President Rodrigo Duterte have challenged the International Criminal Court's (ICC) jurisdiction, citing details from a Senate investigation led by Sen. Imee Marcos.

The defense team argues that President Ferdinand Marcos Jr.'s letter to Vice President Sara Duterte, assuring no assistance to the ICC, implies acceptance that Duterte should not be tried by the court.

President Marcos' letter, dated December 15, 2023, and presented during a Senate hearing on March 20, stated his conviction that the ICC's jurisdiction over the Philippines is questionable after the country's withdrawal from the Rome Statute.

Lead counsel Nicholas Kaufman aims for Duterte's release before the confirmation of charges hearing on September 23, expressing confidence in their pleading.

The defense team argues that the prosecution has confused jurisdiction with the preconditions for exercising jurisdiction, stating these preconditions were not met when the investigation was authorized.

Human rights lawyer Neri Colmenares criticized the challenge as an attempt to evade accountability, asserting that the ICC retains jurisdiction over crimes committed before a state's withdrawal from the Rome Statute, citing the Burundi case.

A diplomacy expert suggested that Duterte's arrest in March has made the jurisdictional challenge academic, as his detention signifies the ICC's full assumption of jurisdiction over the case.