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GMA Network
12-07-2025
- Politics
- GMA Network
Duterte camp insists ICC lacks jurisdiction, urges his immediate release
THE HAGUE – Former President Rodrigo Duterte's defense team has insisted that the International Criminal Court (ICC) should end the proceedings in his crime against humanity case for lack of jurisdiction. Repeating the arguments in their May 1 submission, lead defense counsel Nicholas Kaufman and associate counsel Dov Jacobs asked the Pre-Trial Chamber I ''to find that there is no jurisdictional basis for the continuation of proceedings against Mr. Duterte and to order his immediate and unconditional release.'' The latest document, dated July 10, responded to the prosecution's earlier position on June 10, raising concerns over access to evidence and the legal basis of the investigation. The defense said the prosecution delayed the disclosure of key materials related to proceedings during the preliminary examination phase. These materials, the defense argued, were essential to their jurisdictional challenge and had only been disclosed after repeated requests. 'The prosecution's failure to initiate [REDACTED] goes beyond mere oversight. Such wilful neglect palpably impeded the defense's preparation of the jurisdictional challenge,' the defense stated. According to the defense, this delay had a significant impact on their preparation and may have influenced previous motions to disqualify judges. The defense also challenged the prosecution's interpretation of Article 12(2) of the Rome Statute, which outlines conditions for the court to exercise jurisdiction. Duterte's lawyers argued that the ICC cannot investigate acts committed in a state that is no longer a party to the Rome Statute at the time jurisdiction is exercised. ''The Philippines' withdrawal from the Rome Statute became effective on March 17, 2019. When the former prosecutor filed her request, and the Pre-trial Chamber issued its decision more than two years later, the preconditions to the exercise of jurisdiction could no longer be, nor were they, fulfilled,'' the Duterte camp said on May 1. They maintained that a preliminary examination, unlike an investigation, does not require formal conditions and does not carry legal weight once a state has withdrawn. The defense also rejected arguments invoking the 'fight against impunity,' saying such appeals should not override the court's legal boundaries. Citing past rulings, including the Katanga case, the defense argued that 'the pursuit of accountability cannot prioritize victims' expectations over a suspect's right to legal propriety and due process.' While the prosecution argued that Duterte should not benefit from the Philippine government's decision to withdraw from the Rome Statute, the defense countered that the principle of complementarity and ongoing domestic proceedings should be taken into account. ''Mr. Duterte has never expressed a desire to shirk accountability,'' the defense said. In an interview with GMA Integrated News on Saturday, Kaufman reiterated a previous statement attributed to the former president upon his arrest in March. 'It's the right of every Filipino to be tried in front of a Filipino court and a Filipino judge and to be prosecuted by a Filipino accuser or prosecutor,' Kaufman said. Duterte is currently at the ICC Detention Center awaiting trial in connection with the killings in his war on drugs when he was mayor of Davao City and when he was president of the Philippines. 'Many of us want to see him released. He's an 80-year-old man. He should be released, in my opinion, but that matter is subject to litigation at the moment. It's ongoing, and I cannot comment any further on it,' Kaufman said. The confirmation of charges hearing is set to begin on September 23. —VBL, GMA Integrated News
Filipino Times
10-04-2025
- Politics
- Filipino Times
Duterte lawyer pushes ICC to tighten ID rules for drug war victims, draws criticism from victims' counsel
The legal team of former President Rodrigo Duterte has requested the International Criminal Court's (ICC) Pre-Trial Chamber I to enforce stricter rules for identifying victims who wish to participate in the drug war trial, arguing that only national ID cards or passports with recent photos should be accepted for verification. Lead defense counsel Nicholas Kaufman said the move would prevent fraud and ensure more reliable identification. If these IDs are unavailable, he proposed a staggered ID system, similar to that used by the Social Security System. Kaufman warned that accepting varied and loosely verified documents could result in misidentification, duplicate entries, or false victim claims, leading to delays in the proceedings. The ICC Registry previously allowed other government-issued IDs, citing delays in the national ID rollout. But Duterte's camp argued that this approach was vague and overly broad. The defense also requested that only the ICC's Office of Public Counsel for Victims represent victims in court, pushing back against a Registry recommendation to allow victims' current lawyers to continue submissions while waiting for a common legal representative to be appointed. Kaufman argued that multiple submissions would burden the defense and delay the trial, potentially violating Duterte's right to a speedy process. Human rights lawyer Kristina Conti, who represents drug war victims, called the petition an 'anti-poor' attempt to restrict victim participation. She emphasized that many victims' relatives lack the financial means to secure the proposed identification documents. 'This is an attempt to reduce the number of participating victims,' Conti said. 'Even if there are just ten victims, the case will go on.' She clarified that participating victims need not testify like prosecution witnesses but can offer personal perspectives, which the court considers vital. Duterte, 80, is currently detained by the ICC after his arrest in Manila on March 11. He faces a charge of murder related to 43 extrajudicial killings from 2011 to 2019, during his presidency and term as Davao City mayor. More charges could be filed depending on additional evidence expected at the confirmation of charges hearing in September. Duterte's camp is also seeking his temporary release before trial, a move that victim lawyers plan to oppose. While government figures list over 6,000 deaths during the drug war, rights groups estimate the real toll could be as high as 30,000, mostly from impoverished communities.
Filipino Times
15-03-2025
- Politics
- Filipino Times
Duterte faces ICC ‘virtually' for the first time, confirmation of charges hearing set on Sept. 23
Former Philippine President Rodrigo Duterte appeared before the International Criminal Court's (ICC) Pre-Trial Chamber I after being taken to The Hague on murder allegations related to his war on drugs. According to the ICC, Duterte is suspected of the crime against humanity of murder, allegedly committed in the Philippines between November 1, 2011 and March 16, 2019. During the ICC's Pre-Trial Chamber I, Duterte's lawyer Salvador Medialdea stated that his 'client was abducted from his country.' He also invited the registry's representative to present in court and explain to the judges how Duterte's arrest was just and fair. Medialdea also said that it was his first time seeing Duterte since his arrest on the morning of the Pre-Trial Chamber I and had less than an hour to 'discuss legal issues.' He also said he could not give the former president a copy of the arrest warrant because no one supplied them with such. Judge Iulia Antoanella Motoc of the ICC, in response to Medialdea, stated that doctors in the detention center found Duterte to be 'fully mentally aware and fit' after undergoing checks and tests. 'And when you approached health matters, saying you were not able to come to the hearing, the doctors that consulted with you were of the opinion that Mr. Duterte was not in a position to come to the hearing physically, but that if he gave permission, he would be able to take part via video link. 'Now, that is with regards to the health matters that you just mentioned,' Motoc said. 'They are very important, especially concerning the matter of age.' Motoc also addressed Medialdea's concern regarding being supplied with the arrest warrant. 'Now with regards to the rights of Mr. Duterte, we have before us the registrar or the registry's report that says that Mr. Duterte has been informed of his rights, including Article 66 and 67 of the Rome Statute, and that he is aware of his rights and that he is also aware of the charges against him,' Motoc said. Motoc further explained that they also have the registry's report saying that he has received the arrest warrant in the English language. It is just the beginning Motoc clarified that this is just the initial hearing, where they discuss Duterte's rights and the charges against him. 'And then there will be a full procedure that will unfurl leading up to the confirmation of charges that will enable Mr. Duterte to raise all the matters that you have just raised, with regards to the warrant of arrest, with regards to the crimes committed, with regards to the charges, and any other matters associated with his arrest, and the matters of the jurisdiction of the court,' Motoc added. She reassured Dutere's team that they will have the opportunity to do all this throughout these proceedings. Motoc also confirmed that Medialdea's request to postpone the hearing to next week was denied by the court. 'This first initial appearance hearing does not need much preparation as I have said to you on a number of occasions,' Motoc said. Moving on, Motoc said that there will be a hearing to confirm the charges against Duterte. 'After accessing all the factors, including the need for the parties and participants to adequately prepare, as well as Mr. Duterte's rights, including his right to be tried within a reasonable time, the date for the commencement of the confirmation of charges hearing is September 23rd, 2025,' Motoc said. If the case moves forward, a trial is expected to start in early 2026. Duterte, 79, was arrested in Manila and flown to the Netherlands on Wednesday. Appearing frail, he confirmed his identity via video link from a detention unit but did not speak further due to his alleged health condition. Prosecutors accuse Duterte of orchestrating widespread extrajudicial killings during his presidency, targeting alleged drug offenders. Victims' families see his ICC appearance as a step toward justice.
Filipino Times
14-03-2025
- Politics
- Filipino Times
Ex-president Duterte to make initial appearance at ICC
Former President Rodrigo Duterte is set to make his initial appearance before the International Criminal Court (ICC) on Friday, March 14, 2025, at 2:00 PM (The Hague local time). In the UAE, the hearing will be at 5:00 PM, while in the Philippines, it will be at 9:00 PM. The hearing will take place before Pre-Trial Chamber I at the ICC headquarters in The Hague, Netherlands, which will be streamed in English and French on its official website. During the session, ICC judges will confirm Duterte's identity, determine the language he understands, and inform him of the charges and his rights under the ICC Rome Statute. The Pre-Trial Chamber I handling the case consists of Judge Iulia Antoanella Motoc (Presiding), Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera. Shortly after arriving from Hong Kong, Duterte was arrested by the authorities at the Ninoy Aquino International Airport, following an arrest warrant issued by the ICC. He faces charges of murder as a crime against humanity, allegedly committed between November 1, 2011, and March 16, 2019, during his tenure as President of the Philippines and Mayor of Davao City. He was surrendered to the custody of ICC on March 12.
