Rodrigo Duterte’s lead legal counsel in the International Criminal Court (ICC) is making a bold move to shut down the case against the former Philippine president in the court before it even reaches the confirmation-of-charges stage, arguing that the tribunal has no authority over the matter.
In an interview with the Agence France-Presse (AFP), Nicholas Kaufman said jurisdiction would be a pivotal issue in pre-trial proceedings as the Philippines had already withdrawn from the court long before any investigation was even authorized.
“You don’t need to be a legal scholar to recognize that this will be a major hurdle at pre-trial. As defense counsel, I find our jurisdictional argument compelling,” Kaufman said.
“I fully expect it to succeed, and I would be deeply disappointed if it does not. Our goal is to convince the judges that the ICC lacks the authority to prosecute this case. If they rule in our favor, there won’t be a confirmation-of-charges hearing,” he added.
The lawyer also slammed Duterte’s March 11 arrest and swift extradition to The Hague, describing it as an “extrajudicial rendition.”
“Duterte’s arrest and forced transfer to the ICC was nothing short of kidnapping. He was denied due process, forcibly taken to The Hague in clear violation of Philippine law,” Kaufman said.
He added that Duterte “should have been presented before a judge before being sent abroad. That never happened. As I’ve said before, this is a politically motivated attack. The current administration orchestrated his removal because they wanted him out of the picture.”
Duterte is facing charges at the ICC for alleged crimes against humanity linked to his anti-drug campaign. Initiated during his tenure as mayor of Davao City and intensified throughout his presidency from 2016 to 2022, this campaign resulted in thousands of deaths. Human rights organizations estimate that up to 30,000 individuals were killed during these operations, many under controversial circumstances. (TCSP)
