THE International Criminal Court’s (ICC) pre-trial Chamber that handles the case of former President Rodrigo Duterte, has given prosecutors and public counsel until June 9 to submit their replies on the defense’s challenge of the court’s jurisdiction.
Duterte lawyers Nicholas Kaufman and Dov Jacobs questioned the ICC’s jurisdiction over alleged extrajudicial killings in Duterte’s war on drugs, claiming that the Philippines was not “a State Party at the time of the exercise of jurisdiction.”
In an order by Presiding Judge Iulia Antoanella Motoc, the pre-trial chamber noted that under the ICC rules of procedure, it has the authority to allow prosecutors and representatives of victims to submit observations in jurisdiction proceedings.
“In view of the foregoing, the Chamber hereby finds it appropriate that the Prosecution and the OPCV submit their written observations on the Challenge, if any, by no later than Monday, 9 June 2025,” the order stated.
The chamber also ordered the court’s Victims Participation and Reparations Section to give the Office of Public Counsel for Victims — the unit created to provide support and legal representation for victims — “the necessary information about potential victims who have already communicated with the Court in relation to the present case as well as any necessary assistance to contact such victims.”
Meanwhile, Justice Secretary Jesus Crispin Remulla said the respondent officials in the complaint filed before the Office of the Ombudsman over Duterte’s arrest may seek an extension in filing their counter-affidavits.
“We might have to get an extension kasi (because) 10 days is not enough,” Remulla said in a talk with reporters following a meeting with the other officials at the Department of Justice.
The Ombudsman directed Remulla and some other officials to reply to the report submitted by Senator Imee Marcos, chair of the Senate foreign relations committee, on the arrest and transfer of Duterte to the International Criminal Court (ICC).
Senator Marcos assailed the arrest for alleged arbitrary detention, usurpation of judicial functions, usurpation of authority or official functions, and false testimony.
The respondents were also directed to answer the administrative complaint for grave misconduct and conduct prejudicial to the best interest of the service.
Remulla met with Philippine National Police Criminal Investigation and Detection Group (PNP-CIDG) chief Maj. Gen. Nicolas Torre III and special envoy for transnational crimes Markus Lacanilao.
Other respondents included cited by Marcos included Interior and Local Government Secretary Juanito Victor Remulla and PNP chief Gen. Rommel Marbil.
According to Remulla, though the respondents will file their answers separately, they agreed to adopt a common answer for the procedural issues stated in the complaint.
“We’ll just have one answer for all procedural issues aside from the other allegations that are individual, then we have an answer for everyone. For the commonly held issues, procedural issues, we will adopt a common answer,” he said.
Duterte was arrested last March 11 in Manila upon his return from Hong Kong. He was then flown to the ICC in The Hague, Netherlands, where he is facing charges of crimes against humanity over his administration’s bloody war on drugs.
His confirmation of charges hearing is scheduled on Sept. 23, 2025.