ICC Rejects Rodrigo Duterte's Challenge to Jurisdiction in Drug War Case

Philippines. International Criminal Court judges on Wednesday dismissed a challenge by Rodrigo Duterte against the court's jurisdiction. This means that the former Philippine president can still be prosecuted for his war on drugs.

The 81-year-old former Philippine leader, Duterte, is facing three counts of crimes against humanity at the Hague-based international court. He is accused of committing crimes in the name of a war on drugs while serving as mayor of Davao City from 2013 to 2016 and as president until March 2019.

Duterte's defense team had argued that the court lacked jurisdiction over alleged crimes in the Philippines, claiming the country is no longer under the 'Rome Statute'.

Prosecutors countered that the alleged crimes occurred while the Philippines was an ICC member, and therefore judges could rule on Duterte's case. In October, the ICC's Pre-Trial Chamber sided with the prosecutors, ruling that the investigation into Duterte had begun before the Philippines withdrew.

The Appeals Court has dismissed the defense team's challenge to that decision. Judge 'Luz del Carmen Ibáñez Carranza' stated that all four grounds for appeal were rejected.

"With the Appeals Chamber having rejected the entire appeal, the defense request for the immediate and unconditional release of former leader Duterte has no legal basis," she added. Duterte's lawyer, Nicholas Kaufman, said he was not surprised by the ruling as Duterte's hearing is a pending case at the ICC.

"Allowing the appeal would have effectively cleared the court's docket," he told AFP. In a separate process, judges are considering whether to confirm the charges against Duterte, which is the final stage before trial, marking the first such case against a former Asian head of state.

In a hearing held in February, prosecutors alleged that Duterte was responsible for thousands of deaths during the war on drugs. His defense argued there was no basis to directly link Duterte's aggressive threats against drug users to actual killings. Regardless, Duterte is unlikely to appear in court.

The court accepted a request from Duterte's defense team for him not to appear, citing his poor mental health. The court held a hearing on the petition in February.

 Following his arrest and transfer to The Hague, he appeared only once via videolink for an initial appearance, where he appeared confused and exhausted regarding the case and events. He was not present when the decision was announced on Thursday.