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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 the so-called war on drugs while in office.
Defense lawyers for Duterte, 80, argued that since the Philippines left the court before prosecutors could begin a formal investigation into the mass killings, the ICC did not have the authority to continue the proceedings.
A pre-trial panel of judges rejected the motion. The 32-page decision said countries cannot “abuse” their right to deviate from the Rome Statute by shielding individuals from justice in relation to alleged crimes already under consideration.
Prosecutors announced in February 2018 that they would launch a preliminary investigation into the violence. Human rights activists say the move was intended to avoid accountability, with Duterte, who was president at the time, announcing a month later that the Philippines would leave the court.
The investigation was formally launched in 2021.
Nick Kauffman, Duterte’s chief lawyer, said he planned to continue challenging the jurisdiction. “The defense expected this decision and will appeal it,” he told The Associated Press.
The charges against Duterte date back to November 1, 2011, when he was mayor of the southern city. medicinesUntil March 16, 2019, when the withdrawal went into effect.
Last month, judges postponed pre-trial hearings over concerns about Duterte’s health. His lawyers requested the proceedings be delayed indefinitely, saying their client was “not fit to stand trial.” The court also decided that Duterte should remain in custody because he was a flight risk.
The Duterte administration moved to suspend the global court’s investigation in late 2021, arguing that Philippine authorities were already investigating the same allegations and that the ICC – the court of last resort – therefore did not have jurisdiction.
Appeal judges at the ICC rejected those arguments and ruled in 2023 that the investigation could resume.
Duarte was arrested in March and sent to court in The Hague. He denies charges of crimes against humanity.
The ICC is investigating mass killings in actions carried out under Duterte’s watch when he served as mayor and later president of the Philippines. Estimates of the number of deaths in action during Duterte’s presidency vary, with the National Police reporting more than 6,000 and human rights groups claiming up to 30,000.