Duterte defense team’s challenge to ICC 'laughable': Conti | ABS-CBN
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Duterte defense team’s challenge to ICC 'laughable': Conti
Duterte defense team’s challenge to ICC 'laughable': Conti
MANILA — Laughable was how International Criminal Court (ICC) Assistant to Counsel Attorney Kristina Conti described the argument of former President Rodrigo Duterte’s defense team, which questioned the court’s jurisdiction in the Philippines.
MANILA — Laughable was how International Criminal Court (ICC) Assistant to Counsel Attorney Kristina Conti described the argument of former President Rodrigo Duterte’s defense team, which questioned the court’s jurisdiction in the Philippines.
Duterte’s counsels Nicholas Kaufman and Dov Jacobs said in their challenge dated May 1 and submitted to the Pre-Trial Chamber 1, that the ICC no longer has jurisdiction over the country after it withdrew from the Rome Statute, which established the ICC.
Duterte’s counsels Nicholas Kaufman and Dov Jacobs said in their challenge dated May 1 and submitted to the Pre-Trial Chamber 1, that the ICC no longer has jurisdiction over the country after it withdrew from the Rome Statute, which established the ICC.
Their 38-page document said preconditions must first be met before the ICC can exercise jurisdiction, as stated in Article 12 of the Rome Statute.
Their 38-page document said preconditions must first be met before the ICC can exercise jurisdiction, as stated in Article 12 of the Rome Statute.
“The Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court,” Article 12 read.
“The Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court,” Article 12 read.
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The defense team further stated that according to two judges of the Appeals Chamber, “the appropriate time to make a determination as to whether the preconditions of Article 12 of the Statute are met is when the exercise of the Court’s jurisdiction is triggered, not when the crimes were allegedly committed.”
The defense team further stated that according to two judges of the Appeals Chamber, “the appropriate time to make a determination as to whether the preconditions of Article 12 of the Statute are met is when the exercise of the Court’s jurisdiction is triggered, not when the crimes were allegedly committed.”
“This Pre-Trial Chamber only issued its decision to authorize an investigation on 15 September 2021, thus triggering the ‘initiation of an investigation’ when the Philippines was no longer a State Party,” the Defense counsels said.
“This Pre-Trial Chamber only issued its decision to authorize an investigation on 15 September 2021, thus triggering the ‘initiation of an investigation’ when the Philippines was no longer a State Party,” the Defense counsels said.
Conti, who is also a lawyer for alleged victims of extrajudicial victims, insisted otherwise.
Conti, who is also a lawyer for alleged victims of extrajudicial victims, insisted otherwise.
“We think katawa-tawa yun,” she told ABS-CBN News. “Klaro na ang jurisdiction ng ICC ay sa panahon na miyembro ng ICC ang isang estado at may naganap na krimen.”
“We think katawa-tawa yun,” she told ABS-CBN News. “Klaro na ang jurisdiction ng ICC ay sa panahon na miyembro ng ICC ang isang estado at may naganap na krimen.”
She also belied the statement that an investigation must first be launched, saying any matter may be brought for the consideration of the court.
She also belied the statement that an investigation must first be launched, saying any matter may be brought for the consideration of the court.
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“Ang gusto naming ilinaw ay mayroon nang preliminary examination na nabuksan noong miyembro tayo ng ICC. Binuksan ng Office of the Prosecutor ang preliminary examination noong February 2018. Saklaw na saklaw pa ito noong miyembro tayo ng ICC. At itong kaganapan na ito, itong examination na ito ay maituturing na any matter under the consideration by the court kaya kumagat ang jurisdiction,” Conti explained.
“Ang gusto naming ilinaw ay mayroon nang preliminary examination na nabuksan noong miyembro tayo ng ICC. Binuksan ng Office of the Prosecutor ang preliminary examination noong February 2018. Saklaw na saklaw pa ito noong miyembro tayo ng ICC. At itong kaganapan na ito, itong examination na ito ay maituturing na any matter under the consideration by the court kaya kumagat ang jurisdiction,” Conti explained.
WHAT WILL HAPPEN NEXT?
According to Conti, the Pre-Trial Chamber may resolve the challenge first before proceeding with the confirmation of charges hearing in September, which will delay the said confirmation.
According to Conti, the Pre-Trial Chamber may resolve the challenge first before proceeding with the confirmation of charges hearing in September, which will delay the said confirmation.
The Chamber may also decide to hear the challenge and the confirmation of charges hearing at the same time.
The Chamber may also decide to hear the challenge and the confirmation of charges hearing at the same time.
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