The International Criminal Court (ICC) is racing against time—and a fiery legal revolt—to hold former Philippine President Rodrigo Duterte accountable for thousands of drug war deaths. On Thursday, his lawyers dropped a bombshell: “The ICC has no jurisdiction. Release him. Now.”
In a 38-page filing, Duterte’s defense team accused prosecutors of overstepping legal boundaries. “The court lacks authority to investigate,” argued lead lawyer Nicholas Kaufman, claiming the Philippines’ 2019 exit from the ICC’s founding treaty, the Rome Statute, voids the probe. Over 6,000 people died in Duterte’s antidrug campaign, but his team insists the ICC’s hands are tied.
A Legal Earthquake
The clash hinges on one question: Can the ICC prosecute crimes committed after a country leaves the court? Duterte’s lawyers say no. They argue the court’s jurisdiction died when the Philippines withdrew—a move Duterte ordered in 2018 after the ICC launched a probe.
“The prosecutor has no legal foundation,” Kaufman wrote, demanding all ICC actions since 2019 be scrapped. The defense slammed prosecutors for relying on “shaky” Philippine laws, including a 2021 Supreme Court ruling that blocked Duterte from dodging the ICC.
Marcos’ Shifting Stance
President Ferdinand Marcos Jr. initially vowed noncooperation with the ICC. But last year, he backtracked, refusing to shield Duterte after the ex-leader dared ICC agents to arrest him. Duterte’s team now claims Marcos provided a “written promise” to ignore the court—a claim the Palace denies.
“We won’t intervene,” said Palace official Claire Castro, calling the legal fight “part of due process.” Yet critics warn politics may drown justice.
What’s Next?
The ICC’s Pre-Trial Chamber must decide if the probe can proceed. Prosecutor Karim Khan insists the court retains power over crimes committed before the Philippines’ exit. But Duterte’s lawyers call this “a fantasy.”
For families of drug war victims, the stakes are visceral. “We’re watching the world decide if my son’s life mattered,” said Maria Santos, whose child was killed in 2017.
The ICC’s ruling could rewrite global justice—or let Duterte walk free. Either way, the clock is ticking.
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