A 38‑page legal challenge by former president Rodrigo Duterte’s defense team has cited Senator Imee Marcos’s Senate probe as proof that the International Criminal Court (ICC) lacks jurisdiction over the Philippines. Filed on May 1, the plea hinges on the argument that the country had already withdrawn from the Rome Statute when the ICC moved to investigate drug‑war killings. Marcos’s December 15, 2023 letter to Vice President Sara Duterte—presented in hearings on March 20—underscored the Marcos administration’s refusal to “assist the ICC in any way,” fueling the defense’s bid for Duterte’s immediate release. As the Marcos‑Duterte alliance fractures, the fight over jurisdiction threatens to stall the first-ever ICC trial of a former Philippine leader.
Background
The ICC prosecutor opened a preliminary examination into the Philippines in 2018 amid reports of thousands of drug‑war deaths under then‑President Duterte. In response, Manila notified the UN of its withdrawal from the Rome Statute in March 2019, effective one year later. Despite this, on February 10, 2025, the ICC issued an arrest warrant for Duterte, who was detained in Manila and transferred to The Hague via Interpol channels.
Defense’s Jurisdictional Challenge
On May 1, 2025, lawyers Nicholas Kaufman and Dov Jacobs filed a 38‑page challenge arguing the ICC lacked jurisdiction because the Philippines was no longer a State Party when the Pre‑Trial Chamber authorized the probe on September 15, 2021. They pointed to Article 12 of the Rome Statute, which requires State Party status “at the time of the exercise of jurisdiction.” The filing calls for “immediate and unconditional release” of Duterte, asserting all procedural steps after withdrawal are “nullified.”
Senate Investigation Cited
Defense lawyers bolstered their plea with findings from a Senate committee hearing led by Senator Imee Marcos on March 20. They highlighted Marcos’s letter (dated December 15, 2023) to Vice President Sara Duterte, which pledged the government would not cooperate with the ICC “in any way, shape or form.” During the hearing, Marcos warned Cabinet members that ICC jurisdiction over the Philippines “is very much in question,” testimony the defense now claims supports their legal position.
Political Fallout
The Marcos‑Duterte alliance has crumbled since 2022, leaving Duterte isolated. His detention in The Hague marked a dramatic turn in Philippine politics as President Ferdinand Marcos Jr. authorized the surrender citing Manila’s obligation to Interpol. Vice President Sara Duterte publicly thanked Senator Marcos at a Zamboanga rally, even as she faces attacks over her ouster from the cabinet.
What’s Next
The Pre‑Trial Chamber has not yet ruled on the jurisdictional challenge. If granted, Duterte could be released before trial; if denied, proceedings will move forward on charges of crimes against humanity. Meanwhile, Senator Marcos warned potential charges against officials involved in the arrest, promising further Senate hearings to expose “sham facts” and secure “admissions from the government side.”
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