Former Presidential Chief Legal Counsel Salvador Panelo has questioned the strategy employed by former President Rodrigo Duterte’s legal team before the International Criminal Court (ICC), saying they overlooked stronger legal arguments that could have challenged the tribunal’s jurisdiction.
In a television interview, Panelo noted that Duterte’s counsels, led by Atty. Nicholas Kaufman, focused mainly on the timing of the ICC’s investigation.
“My unsolicited advice to the defense lawyer… ang ni-raise nila is… parang kinu-question mo yung jurisdiction and ground mo lang is that ‘we withdrew and nag-umpisa kayo ng investigations two years after’,” he said, stressing that the defense limited its challenge to a single angle.
Panelo argued that they should have invoked constitutional grounds, particularly the requirement for proper publication of treaties.
He cited Supreme Court jurisprudence, saying the Rome Statute did not effectively take force in the Philippines without publication.
“Dapat yung grounds mo… the Rome Statute never took effect in this country because of the constitutional requirement of publication,” he said.
He also maintained that the ICC lacks jurisdiction because the Philippine justice system is capable of prosecuting crimes.
“We have a robust legal system… we have prosecuted thousands… paano mo sasabihin na wala tayong kakayahan,” Panelo stated, adding that such capacity alone should negate ICC jurisdiction.
When asked why Duterte’s team omitted these arguments, Panelo criticized the composition of the defense, claiming foreign lawyers resisted involving Filipino counterparts.
“Ang problema kasi sa kanila… ayaw kasi nilang magpapasok ng Filipino lawyer,” he said. He further alleged the team relied heavily on Duterte despite claims of his declining memory.
Duterte was arrested in March and remains detained in The Hague, where he faces charges of crimes against humanity.