Flawed legal basis: ICC hits Duterte defense

MANILA, Philippines — Resting on flawed propositions, challenges to the jurisdiction of the International Criminal Court (ICC) made by former president Rodrigo Duterte should be dismissed by pre-trial judges, according to the ICC prosecutor.

The former president’s defense team misinterpreted provisions of the Rome Statute, ICC deputy prosecutor Mame Mandiaye Niang said in a 34-page filing dated June 9.

“The Court is lawfully exercising its jurisdiction over this case… because the Philippines was a State Party when the alleged crimes were committed,” Niang wrote.

The Rome Statute has an important safeguard, in which withdrawal — which the Philippines did in 2019 — does not discharge a party from its obligations, he noted.

Withdrawals do not affect matters already being considered by the court, he maintained.

Contrary to the defense’s claim, Niang argued that it is immaterial when the exercise of jurisdiction started as signatories accept “without limitation” ICC’s jurisdiction over incidents that happened while they were part of the treaty.

On May 1, Duterte’s defense lawyers Nicholas Kaufman and Dov Jacobs challenged the ICC’s jurisdiction over the case and sought Duterte’s “immediate and unconditional release.”

Niang pointed out that per the defense’s arguments, countries would be allowed to evade the court’s jurisdiction simply by withdrawing from the treaty.

In a separate filing, drug war victims have urged the ICC to dismiss challenges to its jurisdiction, noting that releasing Duterte will perpetuate impunity and deprive them of justice.

“Victims expressed great concern at the possibility that proceedings against Mr. Duterte could be halted if the defense challenge is successful,” the 27-page observation filed by the ICC’s Office of the Public Counsel for Victims read.