The defense team of former Philippine President Rodrigo Duterte has formally asked the International Criminal Court (ICC) to dismiss the case against him, asserting that the tribunal does not have jurisdiction. They say the Philippines had already pulled out of the Rome Statute treaty when the investigation into his so-called “war on drugs” was authorised, making the prosecution legally invalid.
In a 38-page filing submitted on May 1, 2025, lawyers led by Nicholas Kaufman and Dov Jacobs argued that key preconditions under Articles 12 and 127 of the Rome Statute weren’t fulfilled. Specifically, they claim the Philippines was no longer a member of the treaty when formal proceedings began — a fact they say voids the ICC’s authority in this matter.
They also requested the ICC pre-trial chamber to order Duterte’s “immediate and unconditional release,” on the basis that the court’s jurisdictional foundation is flawed.
Despite this challenge, the ICC has previously maintained that it may exercise jurisdiction for crimes committed while the Philippines was still a party to the Rome Statute, even if full investigations started afterward.