Duterte’s lawyers to challenge ICC’s jurisdiction

Former Philippine president Rodrigo Duterte has a team of lawyers in The Hague, including Salvador Medialdea (left) and Harry Roque (right).

Former Philippine president Rodrigo Duterte’s legal team is set to challenge the International Criminal Court’s (ICC) jurisdiction, arguing that his extradition was an illegal arrest amounting to “kidnapping.” In a Facebook live video on Friday (March 14), Duterte’s lawyer Harry Roque criticized the ICC for failing to address the issue during Duterte’s pre-trial appearance. “We are very much disappointed that the court did not address the issue of kidnapping as a means to divest the court of jurisdiction,” Roque said outside the ICC headquarters. "The ICC should again set an example in promoting international justice and when kidnapping is allowed as a means of acquiring jurisdiction of the accused, we think this too is a travesty of justice," Roque said. "The illegality of the arrest should divest the courts of its jurisdiction. you cannot correct a wrong by committing another wrong," he said. Roque said that if the ICC rules that Duterte’s extradition was illegal, the tribunal must drop the charges. He said that the legal team would raise the issue of jurisdiction before the confirmation of charges hearing on September 23.

Jurisdiction dispute intensifies

Duterte was arrested on March 12 at Ninoy Aquino International Airport upon returning from Hong Kong. His legal team maintains that because the Philippines withdrew from the ICC in 2019, the tribunal has no authority over him. Roque stressed that the confirmation of charges hearing on September 23 is crucial but should only proceed if the jurisdiction issue is first resolved. ''We believe that the issue of jurisdiction is both on the implication of kidnapping as a means of divesting the court of jurisdiction and whether or not the court has jurisdiction despite the fact that preliminary examination was commenced two years after we had already withdrawn from our membership in the court,'' he said. ''We believe confirmation of charges is relevant, particularly in the elements of the crime. But we would want that the issue of jurisdiction be ruled upon at an earlier date. Because as we know, when the court has no jurisdiction, it is pointless to proceed to the confirmation of charges," he said. Vice President Sara Duterte echoed her legal team’s stance, saying, “If you talk to lawyers, they call it extraordinary rendition, but for a family member like me, that’s kidnapping.” Despite the legal team’s protests, the ICC has reaffirmed that it retains jurisdiction over Duterte’s case, as the alleged crimes took place before the Philippines’ withdrawal from the Rome Statute. CAM/Expat Media