International Criminal Court judges reject jurisdiction challenge in Duterte case

In a significant legal development, the International Criminal Court (ICC) has dismissed a jurisdictional challenge brought forth by former Philippine President Rodrigo Duterte, who faces allegations of involvement in numerous killings during his controversial war on drugs. The 80-year-old Duterte’s defense team contended that the ICC lacked authority to proceed with the case, citing the Philippines’ withdrawal from the court prior to the formal investigation’s initiation. However, a pretrial panel of judges rejected this argument, emphasizing that countries cannot exploit their withdrawal from the Rome Statute to evade accountability for crimes already under scrutiny. The 32-page ruling underscored that such actions would constitute an abuse of the withdrawal mechanism. The ICC’s investigation, which formally commenced in 2021, examines killings linked to Duterte’s anti-drug campaign during his tenure as mayor of Davao and later as president. Estimates of the death toll range from 6,000, as reported by national police, to 30,000, according to human rights groups. Duterte’s legal team, led by Nick Kauffman, has vowed to appeal the decision, maintaining their client’s innocence. The case has been marked by delays, including a recent postponement of a pretrial hearing due to Duterte’s health concerns. Despite these challenges, the court has ruled that Duterte must remain in detention, citing a flight risk. The ICC’s investigation has faced repeated attempts by the Duterte administration to halt it, with arguments that Philippine authorities were already addressing the allegations. However, appeals judges rejected these claims in 2023, allowing the investigation to proceed. Duterte, arrested in March and transferred to The Hague, denies all charges of crimes against humanity.