Duterte to appeal ICC ruling affirming jurisdiction over drug war crimes

Metro Manila, Philippines - Former President Rodrigo Duterte’s legal team will appeal the International Criminal Court’s (ICC) latest ruling affirming its jurisdiction over alleged crimes committed during his bloody war on drugs.

In a statement to NewsWatch Plus on Friday, Oct. 24, Duterte’s lead counsel Nicholas Kaufman said they will seek to overturn the ICC Pre-Trial Chamber’s October 23 decision, which rejected the former president’s challenge to the Court’s authority despite the Philippines’ withdrawal from the Rome Statute in 2019.

“The Defence anticipated this decision and will appeal it,” Kaufman said.

“In its upcoming appeal, the Defence will seek to persuade a majority of judges that jurisdiction may not be exercised as was accepted by two appeals judges when similar arguments were raised by none other than lawyers acting on behalf of the Marcos administration.”

The 32-page ruling delivered by the Pre-Trial Chamber I declared Duterte’s arguments “without legal basis,” affirming that the ICC “retains jurisdiction over the alleged crimes committed in the Philippines between 1 November 2011 and 16 March 2019.”

The Chamber rejected the defense’s claim that Article 127(2) of the Rome Statute — which protects cases “already under consideration” before a state’s withdrawal — did not apply to the preliminary examination into the war on drugs.

“The use of the words ‘any matter’ does not limit this phrase to any specific phase of the proceedings,” the ruling stated. “Had any such limitation been intended, the provision would instead have used a word such as ‘trial’ or ‘investigation’ so as to narrow its application.”

The judges said the withdrawal “shall not prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

The decision underscores the ICC’s stance that states cannot escape accountability by withdrawing from the treaty after alleged crimes have occurred.

“States cannot avoid accountability for crimes under the Statute by withdrawing once the alleged conduct has occurred,” the Chamber said.

The ICC opened its investigation in 2021 into thousands of killings linked to Duterte’s anti-drug campaign between 2016 and 2019. Duterte, arrested earlier this year, made his first appearance before the Court in March.

The Chamber has yet to rule on Duterte’s fitness to stand trial, following his lawyers’ motion to indefinitely adjourn proceedings on medical grounds.