Duterte camp seeks reversal of ICC jurisdiction ruling

National

AFTER losing a key bid to have the case dismissed, the legal team of former President Rodrigo Duterte has asked the Appeals Chamber of the International Criminal Court (ICC) to overturn a ruling that upheld the tribunal’s jurisdiction over his alleged crimes against humanity.

Lawyers Nicolas Kaufman and Dov Jacobs, representing Duterte, filed a notice of appeal questioning the entire October 23 decision of the ICC Pre-Trial Chamber I. The chamber earlier rejected the defense’s argument that the ICC had no authority to investigate or prosecute the former president for killings linked to his controversial war on drugs.

In a report by Inquirer.net, Duterte’s counsels said the tribunal erred in affirming its jurisdiction, insisting that the Philippines’ withdrawal from the Rome Statute in 2019 stripped the ICC of any legal power to pursue the case.

They reiterated that all alleged offenses happened within the country’s sovereign territory and should therefore fall under Philippine courts.

The ICC, however, previously ruled that it retains jurisdiction over crimes committed while the Philippines was still a member of the Rome Statute. The court stressed that the preliminary examination into Duterte’s anti-drug campaign began before the withdrawal took effect, allowing it to proceed with the probe.

The Appeals Chamber will now review the petition and decide whether to uphold or reverse the lower chamber’s ruling. No timetable has been released for when a resolution may be issued.

If the appeal is denied, the ICC’s investigation into the thousands of deaths linked to Duterte’s anti-drug campaign is expected to continue — a move that could intensify the already heated debate over sovereignty, accountability, and human rights in the country.(Victoria Diana,USJ-R Comm Intern)