Duterte’s Legal Team Urges ICC to Drop Case, Demands Immediate Release Over Lack of Jurisdiction

The legal team of former Philippine President Rodrigo Duterte has formally petitioned the International Criminal Court (ICC) to dismiss the case against him and order his immediate release, citing a lack of jurisdiction over the alleged crimes against humanity committed during his administration's war on drugs.

In a 38-page submission dated May 1, defense counsels Nicholas Kaufman and Dov Jacobs argued that the ICC's Pre-Trial Chamber acted outside its authority when it authorized an investigation on September 15, 2021. According to the defense, the "preconditions for the exercise of jurisdiction" were not satisfied because the Philippines had already ceased to be a State Party to the Rome Statute—the treaty that established the ICC—by the time the investigation was authorized.

The Philippines formally withdrew from the Rome Statute on March 17, 2019, following repeated criticisms from then-President Duterte about what he described as foreign interference in domestic affairs. While the ICC maintains it has jurisdiction over crimes committed while a state was still a member, Duterte's legal team disputes this interpretation, claiming that the Court cannot proceed with any action against a national of a state that is no longer bound by the statute.

“The Court’s jurisdiction is limited both materially and temporally,” the filing stated. “The investigation into Mr. Duterte’s actions as President of the Philippines was authorized at a time when the country was no longer under the legal umbrella of the Rome Statute. As such, the legal preconditions for jurisdiction were not met, rendering the proceedings unlawful.”

In addition to challenging jurisdiction, the defense also contended that the arrest and detention of Duterte—if ever enforced—would be legally unfounded and should be nullified immediately. They claimed that the procedural steps taken in pursuit of the case have violated Duterte's rights under international law, including due process and fair trial standards.

“The Defense requests the Pre-Trial Chamber to find that there is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte and to order his immediate and unconditional release,” Kaufman and Jacobs said in their conclusion.

The ICC has been investigating allegations that Duterte's anti-drug campaign, launched in 2016, resulted in widespread and systematic extrajudicial killings that may amount to crimes against humanity. Thousands of deaths have been linked to the campaign, drawing criticism from international human rights groups and prompting the ICC to open a formal probe. Duterte has consistently denied any wrongdoing, insisting that his administration acted within the bounds of national law to protect the public from illegal drugs.

The petition from Duterte’s defense team is the latest development in the ongoing legal battle over the ICC’s authority and the scope of international accountability. The Court has yet to issue a ruling on the request.