Families of victims of alleged extrajudicial killings (EJK) under former president Rodrigo Duterte’s war on drugs are set to submit their observations on Duterte’s challenge to the International Criminal Court’s (ICC) jurisdiction, a lawyer said Monday.
Gilbert Andres, an ICC-accredited lawyer representing several victims, said his clients would offer their “observations, views, and comments” on the jurisdictional arguments filed by Duterte’s defense team.
On May 1, 2025, lawyers Nicholas Kaufman and Dr. Dov Jacobs submitted a formal challenge to the ICC, arguing the court has no jurisdiction over the Philippines since the country had already withdrawn from the Rome Statute.
However, Article 127 of the Rome Statute states that a state’s withdrawal does not affect the court’s jurisdiction over crimes committed while the country was still a party.
Duterte faces accusations of being an indirect co-perpetrator of crimes against humanity, including murder, torture, and rape, related to his drug war and his time as mayor of Davao City, where the so-called Davao Death Squad allegedly operated.
Critics and human rights advocates have anticipated this legal move. Former Bayan Muna Rep. Neri Colmenares previously said, “There is no other way to defend former Pres. Duterte except on jurisdiction,” adding, “They will have to argue on jurisdiction because if the charges are confirmed and this goes to trial, they will not be able to surmount the evidence that Pres. Duterte ordered the killings of many people in his war on drugs.”
Official records state that over 6,000 individuals, mostly poor drug suspects, were killed during Duterte’s drug crackdown. Human rights groups estimate the death toll could be as high as 30,000.
Duterte appeared via video before the ICC on March 14 and is scheduled to attend a hearing on September 23 to confirm the charges against him.