Former Philippine President Rodrigo Duterte's legal team has mounted a multifaceted defense against the International Criminal Court's (ICC) allegations of crimes against humanity related to his anti-drug campaign. Their strategy encompasses jurisdictional challenges, procedural objections, and assertions of political motivation
⚖️ Jurisdictional Challenge
Duterte's defense contends that the ICC lacks jurisdiction over the case, emphasizing the Philippines' withdrawal from the Rome Statute in 2019. They argue that this withdrawal nullifies the court's authority over alleged crimes committed during Duterte's tenure. However, the ICC maintains that it retains jurisdiction over crimes that occurred while the Philippines was a member state, specifically between November 1, 2011, and March 16, 2019.
🛡️ Claims of Illegal Arrest and Health Concerns
During Duterte's initial appearance before the ICC on March 14, 2025, his lawyer, Salvador Medialdea, asserted that Duterte's arrest was tantamount to "abduction" and that he was too ill to testify. Despite these claims, the court deemed Duterte fit to participate in proceedings via video link.
👥 Restructuring the Defense Team
Initially, Duterte's defense included Salvador Medialdea and former presidential spokesperson Harry Roque. However, Vice President Sara Duterte announced that both would no longer be part of the legal team. The defense is now led by British-Israeli lawyer Nicholas Kaufman, with French legal expert Dov Jacobs serving as associate counsel.
📅 Upcoming Proceedings
The ICC has scheduled confirmation of charges hearings for September 23–26, 2025. These hearings will determine whether the case will proceed to trial. The defense is expected to continue challenging the court's jurisdiction and the admissibility of evidence.
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