(THE HAGUE/MANILA) Former Philippine President Rodrigo Duterte's lead lawyer, Mr. Kaufmann, said he has “compelling” arguments to block the case before the International Criminal Court (ICC) confirms the charges against Duterte on Sept. 23, citing the court's inability to exercise jurisdiction.
In an interview with AFP in The Hague, Netherlands, on Sunday (March 30), Kaufman said the Philippines' decision to withdraw from the ICC took effect long before the court's prosecutor was authorized to investigate. “We hope to convince the examining magistrate to rule that the ICC has no jurisdiction over the case. If the judge rules in our favor, the confirmation of charges hearing will be cancelled.”
The ICC prosecutor submitted 181 evidentiary materials to the pre-trial chamber on March 21, charging Duterte with crimes against humanity, which Duterte's legal team has received and is preparing to respond to.
The defense's argument is that the Philippines has withdrawn from the ICC in 2019 and is not subject to the agency's jurisdiction, while the ICC maintains that Duterte committed the crimes between Nov. 1, 2011 and March 16, 2019, a period during which the Philippines remained a member state of the ICC and thus subject to its jurisdiction.
Another defense Kaufman intends to put forward is that Duterte was “kidnapped” by the Philippine government and brought to The Hague without following the normal legal procedures and in complete violation of Philippine law.
He also pointed the finger at the current Philippine government, saying the Marcos Jr. administration wants to get rid of Duterte. Kaufman said he visits Duterte almost every day at the detention center, and that the 80-year-old former president “is adapting to prison life” and is currently “in good spirits”.
The Philippine Star reported that Duterte's daughter, Vice President Sara, told supporters outside the International Criminal Court on Friday (28) that Duterte wanted them to control their emotions and refrain from commenting on the legal aspects of his case, leaving everything to be resolved by his lawyers.
Duterte's supporters, including several senators, have criticized Duterte's arrest process as illegal. Social media has recently been flooded with false information and deep-fake photos aimed at discrediting the ICC and its judges, such as a deep-fake photo showing an ICC judge posing with Philippine First Lady Lisa at a party.
Duterte's supporters have also resorted to online verbal attacks and threats against the families of victims of the violent drug crackdown. Escudero, who wants justice for her victimized brother, said her Facebook account was bombarded with messages cursing her and accusing her of receiving money to falsely accuse Duterte.
Fact-checking organization Tsek.ph noted that at least 200 Facebook accounts or pages posted posts and videos containing false information in an attempt to portray Duterte as kidnapped. Kahn, a journalism professor at the University of the Philippines, said, “There's a lack of media literacy here, so a lot of people are gullible.”
