Duterte's lawyers challenge ICC jurisdiction, but court proceeds

Former Philippine President Rodrigo Duterte's defense team challenged the International Criminal Court (ICC)'s jurisdiction over alleged crimes committed during his presidency, arguing that since the Philippines withdrew from the ICC's Rome Statute in 2019, the court no longer has authority to proceed with an investigation.

Lawyers Nicholas Kaufman and Prof. Dr. Dov Jacobs submitted a 38-page filing on May 1, urging the ICC Pre-Trial Chamber to dismiss the case based on textual interpretations of Article 12(2) and procedural limitations under Article 127(2).

Despite these challenges, the ICC has assumed full jurisdiction over Duterte with his arrest in March, as a diplomacy expert noted that any further challenge is now moot.

The Philippines' refusal to cooperate with the ICC probe could impact its campaign for a nonpermanent seat on the United Nations Security Council in 2027 and may be viewed as a violation of international agreements.

Duterte appeared via video link before ICC judges on March 14, was flown to The Hague after his arrest on March 11, and is scheduled for a September 23 hearing to confirm charges against him.