THE HAGUE: International Criminal Court judges on Wednesday threw out a challenge against the court´s jurisdiction by Rodrigo Duterte, meaning the former Philippines president could still stand trial over his war on drugs.
The 81-year-old faces three counts of crimes against humanity at the international court based in The Hague over murders allegedly committed as part of his crackdown on drug users and pushers.
The allegations relate to his time as mayor of Davao city between 2013 and 2016 and then as president until March 2019, when the Philippines withdrew from the ICC.
Duterte´s defence had argued the court had no jurisdiction over alleged crimes in the Philippines because the country is no longer subject to the Rome Statute, the ICC´s founding text. The prosecution countered that the alleged crimes occurred while the Philippines was still a member of the ICC and so judges can rule on Duterte´s case.
In an initial decision in October, the ICC pre-trial chamber sided with the prosecution, ruling that the investigation into Duterte began before the Philippines withdrawal. The appeals court threw out the defence team´s challenge to that decision.
The court “has rejected all four grounds of appeal,” said presiding judge Luz del Carmen Ibanez Carranza.
“Having rejected the entire appeal, the appeal chamber considers that the defence request for the immediate and unconditional release of Mr Duterte is moot,” she added.
Duterte´s defence lawyer Nicholas Kaufman said he was not surprised by the verdict given the fact that the Duterte trial is the one remaining high-profile case at the ICC.
