Will the International Criminal Court allow the formal proclamation within its premises of detained former president Rodrigo Duterte as duly elected mayor of Davao City?
Or even better, perhaps order the interim release of the former Philippine president as urged by his lawyers since they say the ICC lacks jurisdiction to try the charge of crimes against humanity against him?
The possibility that Duterte can serve his term as the new mayor of Davao City after his resounding electoral victory at home has, in our view, a snowball’s chance in hell. It’s not going to happen.
Here’s the latest developments. Earlier this month, Duterte’s legal team formally challenged the jurisdiction of the ICC over his arrest for crimes against humanity, and appealed to the court that he be released immediately and the case against him be nullified forthwith.
Defense lawyers Nicholas Kaufman and Dr. Dov Jacobs made the demand in a 38-page “Defense Challenge with Respect to Jurisdiction” dated May 1, claiming there is no legal basis for continuing the proceedings against the former president.
“The defense reiterates that the preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorized the opening of an investigation on Sept. 15, 2021. The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,” the document stated.
But this runs counter to the ICC’s earlier explanation that while the Philippine government’s withdrawal from the Rome Statute took effect on March 17, 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from Nov. 1, 2011 up to and including March 16, 2019.
The ICC’s Pre-Trial Chamber has ordered the prosecution to submit its written observations on the challenge raised by Duterte’s legal team regarding the tribunal’s jurisdiction over the ex-chief executive’s case no later than May 9, 2025.
Citing the Rules of Procedure and Evidence, the ICC Pre-Trial Chamber said that facing a challenge concerning jurisdiction, it would decide on the procedure to be followed and may take appropriate measures for the proper conduct of the proceedings.
This includes allowing the prosecution to submit written observations on the challenge, adding that victims may also submit observations in proceedings relating to jurisdiction.
The chamber has ordered the prosecution to submit their written observations on the challenge, if any, by no later than Monday, 9 June 2025.
What’s important to point out is that the stand of Duterte’s foreign lawyers challenging ICC jurisdiction over his case is the same stand of his domestic lawyers that has been rejected outright by the ICC.
So will the ICC reconsider its own stand and send Duterte back to Manila and Davao?
Again, we say: Not by a long shot. Or maybe till hell freezes over.