THE DEFENSE team of former Philippine President Rodrigo Duterte has formally requested his “immediate and unconditional release” from the International Criminal Court (ICC), arguing that the court lacks the jurisdictional basis to continue proceedings against him.
The submission, made on July 10, 2025, by lead counsel Nicholas Kaufman and associate counsel Dov Jacobs, serves as a reply to the Prosecution’s response to the defense’s challenge on jurisdiction.
In their latest filing, Duterte’s lawyers vehemently asserted that the ICC cannot investigate acts committed within a state that has withdrawn from the Rome Statute at the time jurisdiction is being exercised.
They placed the onus squarely on the Prosecution, stating, “At the end of the day, it is the Prosecution which must shoulder the responsibility for its miscalculated and, ultimately, erroneous decision not to investigate within the designated time-period.”
A significant point of contention raised by the defense was the alleged delay by the Prosecution in disclosing crucial materials related to the proceedings.
The defense team criticized this as more than a mere oversight, claiming, “The prosecution’s failure to initiate goes beyond mere oversight.
Such wilful neglect palpably impeded the defense’s preparation of the jurisdictional challenge.
“Furthermore, the defense explicitly rejected arguments that invoke the “fight against impunity” to justify a broad interpretation of the Rome Statute.
They emphasized the paramount importance of due process and legal propriety, stating, “Even if combatting impunity is deemed by many to be the raison d’etre for the International Criminal Court, the pursuit of accountability cannot prioritise victims’ expectations over a suspect’s right to legal propriety and due process.”
The lawyers also highlighted former President Duterte’s consistent stance on accountability, quoting his previous statement: “If I committed a sin, prosecute me in the Philippine courts, with Filipino judges, and I will allow myself to be jailed in my own nation.”
This quote was used to underscore that “Mr. Duterte has never expressed a desire to shirk accountability,” but rather insists on facing justice within his own country’s legal system.
The defense’s latest submission marks a critical development in the ongoing legal battle, as it directly challenges the ICC’s authority to prosecute the former president, pushing for an end to the proceedings based on jurisdictional grounds.
