NATIONAL
Advocates Philippines
Duterte's Defense Team Fights ICC Case: 'There's No Jurisdiction Anymore'
Photo credit: ICC
Former President Rodrigo Duterte’s legal team is pushing back hard against the International Criminal Court (ICC), arguing that the entire case against him should be thrown out—because, simply put, the Philippines is no longer under the court’s jurisdiction.
In a 38-page document filed on May 1, defense lawyers Nicholas Kaufman and Dr. Dov Jacobs laid out their challenge, calling for the proceedings against Duterte to be scrapped. Their main point? When the ICC decided to launch its investigation into Duterte’s war on drugs back in 2021, the Philippines had already pulled out of the Rome Statute—the treaty that gives the ICC its legal power.
“The Republic of the Philippines was no longer a state party to the Rome Statute at that critical point in time,” their filing read. They argue this makes any further steps in the case legally void.
But here’s the catch: the ICC already made it clear that it still has jurisdiction over alleged crimes committed while the Philippines was a member—from November 1, 2011, to March 16, 2019. The country’s official withdrawal didn’t take effect until March 17, 2019.
Still, Duterte’s defense team isn’t backing down. They say the current ICC Prosecutor is wrong to keep pushing the case and accuse the office of ignoring advice from legal experts. “Neither the former nor current prosecutor sought input from their ‘special advisors’ on the issues,” the team stated.
They’re also bringing politics into the argument. According to them, President Ferdinand Marcos Jr. himself had pledged not to cooperate with the ICC in any way when it comes to Duterte’s case. “In an exchange of letters, President Marcos even gave a written undertaking,” they said.
Because of all this, Duterte’s camp is asking the ICC to declare that the case has no legal legs—and to immediately release the former president.
The Palace, for its part, is treating the appeal as part of the legal process. Presidential Communications Office Undersecretary Claire Castro said, “If their defense is that the country is no longer part of the ICC’s jurisdiction, then that’s part of due process. Let them be.”
When asked whether Marcos really did send letters to the ICC refusing cooperation, Castro said she couldn’t confirm—but added that Marcos’ actions have spoken for themselves. “Even without letters, we’ve said many times we’re not cooperating with the ICC. As of now, there’s no jurisdiction,” she said.
As for lead defense counsel Kaufman, he’s confident but realistic. “I think it’s a compelling argument,” he told media, “but it’s up to the judges to decide. I hope they accept it.”
The ball is now in the ICC’s court—and Duterte’s fate may be determined in the days to come.
In a 38-page document filed on May 1, defense lawyers Nicholas Kaufman and Dr. Dov Jacobs laid out their challenge, calling for the proceedings against Duterte to be scrapped. Their main point? When the ICC decided to launch its investigation into Duterte’s war on drugs back in 2021, the Philippines had already pulled out of the Rome Statute—the treaty that gives the ICC its legal power.
“The Republic of the Philippines was no longer a state party to the Rome Statute at that critical point in time,” their filing read. They argue this makes any further steps in the case legally void.
But here’s the catch: the ICC already made it clear that it still has jurisdiction over alleged crimes committed while the Philippines was a member—from November 1, 2011, to March 16, 2019. The country’s official withdrawal didn’t take effect until March 17, 2019.
Still, Duterte’s defense team isn’t backing down. They say the current ICC Prosecutor is wrong to keep pushing the case and accuse the office of ignoring advice from legal experts. “Neither the former nor current prosecutor sought input from their ‘special advisors’ on the issues,” the team stated.
They’re also bringing politics into the argument. According to them, President Ferdinand Marcos Jr. himself had pledged not to cooperate with the ICC in any way when it comes to Duterte’s case. “In an exchange of letters, President Marcos even gave a written undertaking,” they said.
Because of all this, Duterte’s camp is asking the ICC to declare that the case has no legal legs—and to immediately release the former president.
The Palace, for its part, is treating the appeal as part of the legal process. Presidential Communications Office Undersecretary Claire Castro said, “If their defense is that the country is no longer part of the ICC’s jurisdiction, then that’s part of due process. Let them be.”
When asked whether Marcos really did send letters to the ICC refusing cooperation, Castro said she couldn’t confirm—but added that Marcos’ actions have spoken for themselves. “Even without letters, we’ve said many times we’re not cooperating with the ICC. As of now, there’s no jurisdiction,” she said.
As for lead defense counsel Kaufman, he’s confident but realistic. “I think it’s a compelling argument,” he told media, “but it’s up to the judges to decide. I hope they accept it.”
The ball is now in the ICC’s court—and Duterte’s fate may be determined in the days to come.
May 2, 2025
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