The defense team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) for his “immediate and unconditional release,” arguing that the court has no legal basis to continue proceedings against him.
In a 21-page appeal brief dated November 14, the defense urged the Appeals Chamber to reverse an earlier ruling that allowed the case to proceed.
They argued that under Article 12(2) of the Rome Statute, the Philippines must have been a State Party at the time the ICC exercised jurisdiction. The Philippines withdrew from the ICC in March 2019, while the authorization to open an investigation was issued only in 2021. The defense said the Pre-Trial Chamber erred in treating certain provisions of the statute as lex specialis and in adopting a broad definition of the term “matter.”
They also argued that the chamber was wrong to conclude that the statute’s object and purpose allowed the continuation of an investigation even after the Philippines had withdrawn. They insisted there was no legal basis for extending the court’s authority.
A separate petition was earlier filed before the Supreme Court seeking a temporary restraining order to stop government agencies from acting on any ICC warrants related to Sen. Ronald “Bato” dela Rosa or Duterte. Petitioners asked the High Court to prevent agencies from coordinating any red notice or surrender request and to require the DOJ and DFA to certify whether they have received such warrants.
Last week, Ombudsman Samuel Martires confirmed “on good authority” that an ICC warrant had been issued. Meanwhile, Dela Rosa posted on social media expressing faith amid reports of the alleged warrant, saying he was seeking spiritual guidance. He was absent from Senate sessions twice this week.
