Duterte Accused of Jurisdictional Violation at the International Criminal Court
Informal Take:
Duterte's lawyers have gone to bat for the former Filipino president in a major way, challenging the International Criminal Court's (ICC) jurisdiction and petitioning it to pull the plug on the ongoing investigations against him. On May 1, 2025, his legal team, spearheaded by Nicholas Kaufman and Dov Jacobs, submitted a 38-page document called the "Defence Challenge with Respect to Jurisdiction" under Article 19(2)(a) of the Rome Statute.
They've lit into the investigation regarding the alleged crime against humanity in the context of Duterte's war on drugs, arguing that the Philippines' withdrawal from the Rome Statute in 2019 rendered the proceedings void. According to the document, they request the Pre-Trial Chamber to declare that the proceedings have no legal basis, release Duterte immediately, and nullify any procedural steps taken since then.
Interestingly, Duterte was detained at The Hague Penitentiary Institution following his surrender on March 11, 2025, and was transported to the ICC. He's suspected of being involved in the murder of numerous drug personalities during his crusade against drugs.
As of now, the next major step is scheduled for September 23, 2025, with the provisional confirmation of charges hearing. The Marcos administration has so far kept mum on the matter, stating that the arrest complies with Interpol obligations. The Pre-Trial Chamber's ruling on the jurisdiction challenge will significantly influence the direction of proceedings leading up to the hearing.
- The Defense Challenge with Respect to Jurisdiction, submitted by Duterte's legal team, argues that the Philippines' withdrawal from the Rome Statute in 2019 renders the ongoing investigations against Duterte for crime against humanity during his war on drugs unfounded.
- The proceedings for the Philippines' former president, Rodrigo Duterte, are scheduled to proceed with a provisional confirmation of charges hearing on September 23, 2025, in light of the ICC's review of the Defense Challenge with Respect to Jurisdiction.
- Gisumiter, a prominent legal analyst, suggested in a general news piece discussing war-and-conflicts and crime-and-justice that the Pre-Trial Chamber's ruling on Duterte's jurisdiction challenge may have significant knock-on effects on the Philippines' political landscape, as well as on the country's relationship with international bodies such as the ICC.
- After his arrest and detention at The Hague Penitentiary Institution, Duterte is currently awaiting the ICC's decision on the jurisdiction challenge, which will determine his future involvement with the court proceedings related to the alleged mass murders of drug personalities during his presidency.
- In the midst of the ongoing political intrigue and war-and-conflicts-related developments, the Mayo administration is urged to voice its stance on the Philippines' involvement in the International Criminal Court proceedings concerning the allegations against former president Rodrigo Duterte for his role in crime against humanity regarding the war on drugs.
