International Criminal Court judges reject jurisdiction challenge in Duterte case

THE HAGUE, Netherlands — International Criminal Court judges on Thursday rejected a challenge to jurisdiction in the case of former Philippine President Rodrigo Duterte, who is accused of involvement in dozens of killings as part of his so-called war on drugs when in office.

Defense lawyers for the 80-year old Duterte argued that because the Philippines left the court before prosecutors opened a formal investigation into the mass killings, the ICC didn't have the authority to continue with the proceedings.

A pretrial panel of judges dismissed the motion. Countries can't “abuse” their right to withdraw from the Rome Statute “by shielding persons from justice in relation to alleged crimes that are already under consideration,” the 32-page decision says.

Prosecutors announced in February 2018 that they would open a preliminary investigation into the violence. In a move that human rights activists say was aimed at escaping accountability, Duterte, who was president at the time, announced a month later that the Philippines would leave the court.

The investigation was formally opened in 2021.

Nick Kaufman, Duterte's lead lawyer, said that he plans to continue the challenge to the jurisdiction. The defense “anticipated this decision and will appeal it," he told The Associated Press.

The charges against Duterte date from Nov. 1, 2011, when he was still mayor of the southern city of Davao, to March 16, 2019, when the withdrawal became effective.

Last month, judges postponed a pretrial hearing over concerns about Duterte’s health. His lawyers asked for the proceedings to be delayed indefinitely, saying their client is “not fit to stand trial.” The court also decided that Duterte must remain in detention, because he's a flight risk.

The Duterte administration moved to suspend the global court’s investigation before, arguing in late 2021 that Philippine authorities were already looking into the same allegations and the ICC — a court of last resort — therefore didn’t have jurisdiction.

Appeals judges at the ICC rejected those arguments and ruled in 2023 that the investigation could resume.

Duterte was arrested in March and sent to the court in The Hague. He denies the charges of crimes against humanity.

The ICC has been investigating mass killings in crackdowns overseen by Duterte when he served as mayor and later as president of the Philippines. Estimates of the death toll of the crackdown during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported and up to 30,000 claimed by human rights groups.