Duterte’s lawyers question ICC jurisdiction – again

MANILA, Philippines — The defense team of former President Rodrigo Duterte once again questioned the jurisdiction of the International Criminal Court (ICC) in investigating the drug war killings on his watch and called for his “immediate” and “unconditional” release.

In a document dated July 10, which the ICC posted on its website on Saturday, the defense team questioned the interpretation of the prosecution on Article 12(2) of the Rome Statute and reiterated its arguments in a May 1 filing.

They said the “commonsense interpretation” of Article 12(2) is that the ICC needs to have exercised its jurisdiction when the Philippines was still a State Party to the Rome Statute.

READ: ICC prosecutors strengthen case vs Duterte with 11th batch of evidence

“Put simply, if the State in question is not a State Party contemporaneously with the exercise of jurisdiction, then no investigation may be initiated and whatever steps were taken during the preliminary examination lack consequence,” the defense team said in the document.

Drug war victims

Duterte’s lawyers also opposed the arguments of the prosecution and civil society organizations that the former president should not “benefit” from his administration’s decision to withdraw from the Rome Statute.

They further argued that the former president has “never expressed a desire to shirk accountability,” noting that upon arrest, Duterte had said, “[i]f I committed a sin, prosecute me in Philippine courts, with Filipino judges, and I will allow myself to be jailed in my own nation.”

Meanwhile, families of drug war victims expressed concern over their safety and security after Sen. Alan Peter Cayetano filed a resolution seeking Duterte’s interim release and eventual house arrest.

“For the families of the victims, this resolution is concerning and a threat to their security. It is important that protection is given to the families of the victims, especially those who made public statements of gratitude and acknowledgment to the ICC’s arrest and detention of the former president,” the families represented by Rise Up for Life and for Rights said in a statement on Saturday. /cb

(2025/07/14-05:20)

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