Duterte’s legal team challenges ICC jurisdiction

Former President Rodrigo Duterte’s legal team has demanded his release, citing the International Criminal Court’s (ICC) alleged lack of jurisdiction over the case.

This request was conveyed by Duterte’s lead counsel, Atty. Nicholas Kaufman, and associate counsel, Atty. Dov Jacobs, to the ICC’s Pre-Trial Chamber I, which is handling the crimes against humanity case against the former president.

Duterte’s camp cited former President Ferdinand Marcos Jr.’s written undertakings that the Philippines would not cooperate with the ICC, arguing that this proves the ICC has no jurisdiction over the country.

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The defense team maintains that the preconditions for jurisdiction under Article 12 of the Rome Statute were not met, rendering the Philippines no longer a state party.

As a consequence, the defense team argues that all procedural steps taken in the situation and case against Duterte lack legal foundation and should be nullified.

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This request was made ahead of the scheduled confirmation of charges hearing on September 23, 2025.

Duterte is currently detained in the ICC Detention Center in The Hague, Netherlands, after he was arrested by Interpol on March 11, 2025.

The cases filed against the former president was in relation to the war on drugs during his incumbency which resulted to the death of thousands of drug suspects.

(ICC photo)