The defense team of former president Rodrigo Duterte will appeal the latest decision of the International Criminal Court’s (ICC) pre-trial chamber that affirmed its jurisdiction on the former leader’s crimes against humanity case.

Nicholas Kaufman, Duterte’s lead counsel, told NewsWatch Plus that the defense anticipated the decision and has plans to appeal it.

“In its upcoming appeal, the Defense will seek to persuade a majority of judges that jurisdiction may not be exercised as was accepted by two appeals judges when similar arguments were raised by none other than lawyers acting on behalf of the Marcos administration,” the lawyer said.

The Pre-Trial Chamber I of the ICC denied on Oct. 23 the defense team’s jurisdiction challenge that the international court no longer has jurisdiction over the alleged crimes committed in the Philippines under Duterte’s drug war because the country withdrew from the Rome Statute in 2019.

According to the 32-page document, the ICC still has jurisdiction over the crimes committed in the country between Nov. 1, 2011 and March 16, 2019, when the withdrawal from the Rome Statute took effect.

Citing the Philippines written notification of withdrawal, the PTC I said that “there was a direct relationship between the Prosecutor’s announcement of the opening of the preliminary examination and the decision of the Philippines to withdraw from the Statute.”

The Philippines’ notification of withdrawal in March 2018 came after the February 2018 preliminary examination by the ICC prosecutor.

“For the above reasons, far from 'trumping' the Court's jurisdictional regime, article 127(2) of the Statute is an essential part of it in respect of a State that has withdrawn from the Statute,” the Chamber said.

“It also guarantees that the right of a State to withdraw from the Statute is respected, while ensuring that it is not able to abuse that right by shielding persons from justice in relation to alleged crimes that are already under consideration by the Court in a manner that undermines the object and purpose of the Statute and the specific terms of withdrawal set out in article 127(2) of the Statute to which a State agrees at the time that it ratifies the Statute,” it added.

With the decision on the jurisdiction challenge out, the only pending petition before the Chamber is the defense’s request for the adjournment of all legal proceedings against the former president.

The defense claimed that the former leader is unfit to stand trial, leading to the postponement of the Sept. 23 confirmation of charges hearing against him.

The ICC has already ordered a team of medical experts to examine and assess Duterte and submit its report by the end of this month.

Meanwhile, former presidential spokesperson and lawyer Harry Roque expressed that he was “deeply disappointed” by the ICC’s decision, saying it was “legally erroneous, unjust, and contrary to the Rome Statute itself.”

He claimed that the ICC’s decision “violates the principle of state sovereignty and the intent of withdrawal under the Rome Statute.”

“Once the withdrawal took effect, the Philippines regained exclusive authority over its internal affairs, including the investigation and prosecution of any alleged crimes committed by its officials,” Roque, who is wanted by Philippine courts for human trafficking cases, claimed.

“While I respect the ongoing judicial process, I will continue my advocacy to enjoin the Duterte family to resort to any and all remedies under international law to bring Tatay Digong home,” he added.