ASEANEWS HEADLINE-DU30 ICC EJK-TRIAL | MANILA, Philippines: Duterte defense lawyers challenge ICC jurisdiction
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Duterte defense team challenges ICC jurisdiction | ANC
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In a 38-page filing dated May 1, defense lawyers Nicholas Kaufman and Dov Jacobs maintained that “there is no legal basis” for the continuation of proceedings, and expressed hope that he will be able to return to the Philippines even before his next scheduled hearing at the ICC in September.
They argued that the “preconditions for the exercise of jurisdiction” in the case of the Philippines were not met when the ICC Pre-Trial Chamber I authorized the opening of the investigation in 2021.
“The jurisdictional framework of the Rome Statute is clear: a State must be a State Party at the time of the exercise of jurisdiction,” they said, referring to the treaty that established the ICC.
“The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,” they added.Duterte’s defense team argued that all procedural steps taken in the case “lack legal foundation and should be nullified forthwith.”
“The Defense requests the Pre-Trial Chamber find that there is no legal basis for the continuation of the proceedings against Mr. Rodrigo Roa Duterte and to order his immediate and unconditional release,” it added.
The defense’s position is anchored on Article 12 of the Rome Statute, which outlines the preconditions that have to be met before the ICC can exercise its jurisdiction over a situation.
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The ICC prosecutor has yet to respond to the defense’s challenge to the court’s jurisdiction. The matter is expected to be resolved before the confirmation of charges hearing scheduled on Sept. 23.
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VP Sara: Impeach President Marcos
President Marcos should be impeached amid the “illegal arrest” of detained former president Duterte, Vice President Sara Duterte said yesterday.
“It is him (President Marcos) who should be impeached after what he did to (former) president Duterte,” Duterte said in Cebuano.
Duterte’s camp has decried the arrest of the former president, saying it is a politically motivated act.
The Vice President added that the action of Marcos is a ground for impeachment, saying the Philippines surrendered its sovereignty after the government handed over the former chief executive to the ICC in The Hague, Netherlands.
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“What they did to PRRD is an impeachable offense. It is a betrayal of public trust,” the Vice President added.
She said the former president was forcibly taken and turned over to foreigners. “That is not allowed. Under international law, it is called extraordinary rendition. It’s a crime,” she said.
Malacañang declined yesterday to comment on the petition of the lawyers of former president Duterte before the ICC to junk his case.
Presidential Communications Undersecretary Claire Castro was asked to comment on the Vice President’s warning at a recent campaign rally that Marcos could be impeached for allowing the arrest as it was a betrayal of public trust.
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“So the question is, is the President bothered? No,” Castro said.
Asked to comment on the Duterte camp’s appeal, Castro said the decision is in the hands of the ICC.
“If their defense is that the ICC has no jurisdiction, then that’s part of due process. Let them be,” she said.
Meanwhile, Castro urged the Vice President to “level up” her arguments against the Marcos administration. “What we simply hope is for our Vice President to level up any discourse or discussion, reason for reason, data for data. Don’t resort to foul words or cursing,” she said.
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In response, Vice President Duterte rebuked Castro for “politicizing.”
“What can you expect from Castro? It’s just like what they say – garbage in, garbage out. So if you put garbage to her and what comes out also in her mouth is the same garbage,” the Vice President told reporters on the sidelines of the Team Zamboanga rally at the Summit Center in Barangay Tetuan.
“First she should tell that to herself. She is politicizing, using the Office of the President. It’s a shame to the whole world for someone talking like that for the Office of the President,” Duterte said.
“She should tell herself that, I will not attack my boss’ enemy and that I will only say what my boss is doing (for) country and the people. Perhaps, BBM may not be doing anything for the people, that is why she also has nothing to say,” Duterte said.
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Imee to Ombudsman: Charge execs in arrest
Sen. Imee Marcos has formally asked the Office the Ombudsman to investigate and, if warranted, file criminal charges against five ranking officials of her brother’s administration in connection with the alleged unlawful arrest of Duterte and his turnover to the ICC in The Hague.
Accompanied by her legal team and staff members, the President’s sister yesterday transmitted to the ombudsman a copy of the “Chairperson’s Report,” containing the findings of her Senate hearings on the arrest of the former president and his turnover to the ICC.
“During the course of the Senate inquiry, the committee on foreign relations uncovered acts by high-ranking government officials which very likely constitute criminal and administrative offenses,” Marcos, who chairs the committee, said in a letter addressed to Ombudsman Samuel Martires, copy of which was attached to the report.
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“Thus, I am requesting that these officials, all of whom are named in the Report, be investigated and, where appropriate, prosecuted and/or sanctioned in accordance with the applicable laws, rules and regulations,” she added.
In her report, which Marcos released to the media last Monday, it was recommended that the ombudsman investigate Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police chief Gen. Rommel Marbil, Criminal Investigation and Detection Group director Maj. Gen. Nicolas Torre III and special envoy on transnational crime Markus Lacanilao.
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In the report, Marcos said it appeared that the arrest and turnover of the former president to the ICC was part of the concerted efforts to weaken the political reach of the Duterte family.
In an interview with reporters after transmitting the copy of the report, Marcos said the committee on foreign relations firmly believes that both local and international laws covering the rights of an accused were violated in connection with Duterte’s arrest.
Thus, it is leaving it up to the ombudsman to investigate and hold before the proper court those who will be found accountable. — Bella Cariaso, Helen Flores, Roel Pareño, Elizabeth Marcelo
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