Lawyers representing former Philippine President Rodrigo Duterte have challenged the jurisdiction of the International Criminal Court (ICC) over alleged crimes against humanity tied to his administration’s bloody war on drugs.
In a formal submission to the ICC on May 1, 2025, legal counsels Atty. Nicholas Kaufman and Dr. Dov Jacobs argued that the court no longer has jurisdiction over the Philippines following the country’s official withdrawal from the Rome Statute on March 17, 2019.
They asserted that under ICC rules, a nation must be a state party at the time of prosecution. According to them, the investigation and the issuance of decisions by the Pre-Trial Chamber occurred after the Philippines’ withdrawal, which they say renders the process legally invalid.
The defense also criticized the Prosecution for allegedly conflating the concept of jurisdiction with the conditions under which it can be exercised. Additionally, they opposed the invocation of Article 127(2) of the Rome Statute, which allows the ICC to continue proceedings for crimes committed before a country’s withdrawal, arguing that it should not apply to Duterte’s case.
However, the ICC maintains that it retains jurisdiction over crimes committed while the Philippines was still a member of the court. In a report dated March 12, the ICC said there are reasonable grounds to believe that Duterte is criminally responsible as an indirect co-perpetrator in thousands of extrajudicial killings between November 1, 2011, and March 16, 2019.
The court also cited substantial evidence suggesting that the attacks against civilians were carried out as part of a state policy and linked them to the Davao Death Squad, which Duterte allegedly led during his time as mayor.
Duterte was arrested on March 11, 2025, upon arrival from Hong Kong. According to the arrest warrant, he allegedly founded, funded, and armed groups involved in the killings. He was brought to The Hague to face the charges.
