The lead defense counsel for former President Rodrigo Duterte asserted on Thursday that the International Criminal Court (ICC) maintained its jurisdiction over the case against his client primarily due to its high-profile nature.
Atty. Nicholas Kaufman, representing the former leader, suggested that the tribunal was unlikely to relinquish the case because of its institutional significance.
“The former president of the Philippines, Rodrigo Duterte, is the big catch of this court, and it was never really my impression that they would let him go that easily,” Kaufman stated.
The lawyer further critiqued the court’s current portfolio, suggesting that without the Philippine case, the ICC’s workload would be significantly diminished.
“There would have been nothing left for this court to do, apart from the case of some insignificant human trafficker from Libya,” he added.
Jurisdiction Upheld
The remarks follow a Wednesday ruling by the ICC Appeals Chamber, which denied the defense’s challenge to the tribunal’s authority. The chamber affirmed its right to proceed, noting that the alleged crimes against humanity occurred while the Philippines was still a signatory to the Rome Statute.
Kaufman indicated that the ruling was expected, attributing the decision to internal institutional pressures.
“What would the practical effect of this decision today have been if it had gone our way? Essentially, it would have voided the court’s docket,” he said.
Focus Shifts to Confirmation of Charges
Despite the jurisdictional setback, the defense remains geared toward the next phase: the confirmation of charges hearings. This stage will determine if there is sufficient evidence to move the case to a full trial.
“We hope that all the weaknesses that we identified at confirmation will be the very same weaknesses that lead ultimately to the former president’s acquittal,” Kaufman remarked.
According to Kaufman, a ruling on the confirmation of charges could arrive in the “very near future.”
Under ICC procedural rules, the Pre-Trial Chamber is generally expected to issue a decision within 60 days of the initiation of confirmation proceedings.
The case involves three counts of crimes against humanity allegedly committed between November 1, 2011, and March 16, 2019, spanning Duterte’s tenure as Davao City mayor and his subsequent presidency.