Former President Rodrigo Duterte’s legal team has formally challenged the jurisdiction of the International Criminal Court (ICC), arguing there is no longer a legal basis for the court to proceed with its investigation.
Duterte’s defense, led by lawyers Nicholas Kaufman and Prof. Dr. Dov Jacobs, submitted a legal document filed on May 1, 2025, saying that the ICC lacks authority to proceed with the case following the Philippines’ withdrawal from the Rome Statute in 2019.
"The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later," Duterte's lawyers said in the document.
They emphasized that the Philippines officially notified the United Nations of its withdrawal in March 2018, which took effect in March 2019.
While acknowledging that the ICC had jurisdiction over acts committed while the Philippines was a member, they maintain the Court no longer has the power to act following the withdrawal.
“The Defence reiterates that the preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorised the opening of an investigation on 15 September 2021. The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,” the submission reads.
The ICC Prosecutor, however, maintains that the Court retains jurisdiction over crimes allegedly committed while the Philippines was a State Party, regardless of the subsequent withdrawal.
The defense has requested the Pre-Trial Chamber to declare that there is no legal basis for continuing proceedings against Duterte and to order his immediate and unconditional release.
“The Defence requests the Pre-Trial Chamber 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.” said Duterte's lawayers.
The ICC’s investigation concerns allegations of thousands of extrajudicial killings (EJK) committed between 2016 and 2019 under Duterte’s 'war on drugs' campaign.
Duterte has consistently denied responsibility for human rights abuses, defending the campaign as a lawful response to drug-related crime.
The ICC has scheduled the start of Duterte’s confirmation of charges hearing for September 23, although the date could be postponed based on how the proceedings advance.
