Former President Rodrigo Duterte’s legal team has formally questioned the jurisdiction of the International Criminal Court (ICC), filing a “Defence Challenge with Respect to Jurisdiction” on May 1, 2025.
Filed by attorneys Nicholas Kaufman and Prof. Dr. Dov Jacobs, the document argues that the ICC’s investigation into Duterte’s alleged crimes against humanity has no legal basis. His camp claims that when the ICC Pre-Trial Chamber authorized the probe in September 2021, the Philippines had already withdrawn from the Rome Statute—its withdrawal taking effect on March 17, 2019.
As a result, Duterte’s defense asserts that “all procedural steps” taken by the ICC, including those specific to his case, should be declared invalid and immediately halted.
Duterte, who is currently detained at The Hague for charges linked to extrajudicial killings during his administration’s war on drugs, was arrested on March 11. A confirmation of charges hearing is scheduled for September 23, 2025.
The defense is calling on the ICC to end proceedings and grant Duterte’s “immediate and unconditional release.”
Malacañang responded to the development by stressing due process, with Palace Press Officer Undersecretary Claire Castro stating, “Let them be. If their defense is that the ICC has no jurisdiction, it’s part of the legal process. It’s now up to the ICC to respond.”