ICC to prosecution: Comment on Duterte camp’s jurisdiction challenge

Former President Rodrigo Duterte’s initial appearance before the Pre-Trial Chamber I of the International Criminal Court (©ICC-CPI)

MANILA, Philippines—The International Criminal Court’s (ICC) Pre-Trial Chamber has ordered the prosecution to submit its written observations on the challenge earlier raised by former President Rodrigo Duterte’s team regarding the tribunal’s jurisdiction over the ex-chief executive’s case no later than May 9, 2025.

The ICC Pre-Trial Chamber 1 made the order in a document dated May 7 and signed by presiding Judge Iulia Antoanella Motoc as well as  Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

Citing the Rules of Procedure and Evidence, the ICC said a chamber seized of a challenge concerning jurisdiction shall decide on the procedure to be followed and may take appropriate measures for the proper conduct of the proceedings.

This includes allowing the prosecution to submit written observations on the challenge, adding that victims may also submit observations in proceedings relating to jurisdiction.

“The chamber orders the Prosecution and the OPCV to submit their written observations on the challenge, if any, by no later than Monday, 9 June 2025,” the decision reads.

“The chamber [also orders] the Victims Participation and Reparations Section  to provide the Office of Public Counsel for Victims with the necessary information about potential victims who have already communicated with the Court in relation to the present case as well as any necessary assistance to contact such victims,” it further states.

>Duterte’s legal team formally challenged the jurisdiction of the International Criminal Court (ICC) over the ex-chief executive’s arrest for alleged crimes against humanity, appealing that he be released immediately and the case against him be nullified forthwith.

Defense lawyers Nicholas Kaufman and Dr. Dov Jacobs made the demand in a 38-page “Defence Challenge with Respect to Jurisdiction” dated May 1, saying that there is no legal basis for continuing the proceedings against the former president.

“The defence reiterates that the preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorised the opening of an investigation on September 15, 2021. The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,” the document stated.

This runs opposite to the ICC’s earlier explanation that while the Philippine government’s withdrawal from the Rome Statute took effect on March 17, 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from November 1, 2011 up to and including March 16, 2019.

The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity allegedly committed during his administration’s bloody war against drugs which left at least 6,000 people dead. Human rights groups, however reported that at least 20,000 were killed.