Duterte’s lawyers formally questioned the jurisdiction of the International Criminal Court (ICC) over the case filed against him regarding the crime against humanity of killings in relation to his bloody drug war. Bayan Muna Rep. Neri Colmenares, acting as a lawyer for the families of Duterte’s victims, said this is Duterte’s desperate attempt to evade accountability.

Duterte lawyers Nicholas Kaufman and Dov Jacobs submitted their “Defence Challenge with Respect to Jurisdiction” to the ICC’s Pre-Trial Chamber 1 on May 1. They aim to have the case dismissed and Duterte immediately released due to the court’s alleged lack of jurisdiction.

Duterte’s camp claims that the necessary conditions for the exercise of jurisdiction over the situation in the Philippines were not met when the Pre-Trial Chamber authorized the start of the investigation on September 15, 2021.

The lawyers based this on the withdrawal of the Philippine Government from the ICC, which took effect on March 17, 2019, one year after the former Duterte government submitted its intent to withdraw from the Rome Statute.

Atty. Colmenares believes that the Duterte’s camp’s challenge to the ICC has no clear basis. “The Rome Statute clearly states that the court retains jurisdiction over crimes committed before the withdrawal (from the ICC) became effective,” he said.

Atty. Colmenares firmly believes that Duterte’s camp did this as a blatant attempt to undermine international justice and dismiss the steps taken by the ICC.

“Justice must be served for the thousands of victims of extrajudicial killings and human rights abuses under Duterte’s bloody war on drugs. These legal maneuvers by his defense team cannot erase the bloodstains of his regime,” Atty. Colmenares further stated.

He added that this is not simply a legal tactic but a desperate attempt to delay and sidestep justice. “These tactics are clear deceptions to evade accountability. But justice will not falter. Duterte must be held accountable for his crimes against the people,” he said.

Atty. Colmenares called on the Filipino people and international observers to remain vigilant and to continue the call for justice. “Justice for the victims of the bloody war on drugs must not be delayed and, above all, must not be disregarded. The families of the victims have long waited for justice, and the ICC is one of their remaining hopes,” he concluded.

Duterte was placed under the custody of the ICC in The Hague starting March 12 after Philippine police arrested him on March 11. He first appeared in court on March 14 to confirm his identity, present his rights, and have the case filed against him read. Duterte’s next hearing in court is scheduled for September 23 to confirm the complaint filed against him.