Former president Rodrigo Duterte’s initial appearance before the Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. ICC 

MANILA — The families of the victims of alleged extrajudicial killings in former president Rodrigo Duterte's war on drugs are expected to submit their "observations" on the jurisdictional challenge lodged by his camp, a lawyer said Monday.

Gilbert Andres, an International Criminal Court-accredited lawyer and one of the counsels of EJK victims, said that some of his clients would offer their "observations, views, and comments" on the jurisdictional challenge by Duterte's lawyers.

On Thursday, the defense team of Duterte formally challenged the jurisdiction of the ICC, which is investigating his alleged crimes against humanity for his crackdown on illegal drugs.

Duterte is accused of being an indirect co-perpetrator of crimes against humanity of murder, torture, and rape.

Duterte's lawyers challenge ICC jurisdiction

Lawyers Nicholas Kaufman and Dr. Dov Jacobs, counsels for Duterte, said in their submission to the ICC dated May 1, 2025, that the international tribunal "is not in a position to exercise jurisdiction in the Philippines situation after the country’s effective withdrawal from the Rome Statute."

According to the ICC, Article 127 of the Rome Statute states that a state's withdrawal does not affect the jurisdiction of the Court over crimes committed while the state was a party.

Lawyers and critics of Duterte said they were expecting that Duterte's camp would assail the jurisdiction of the ICC over his alleged crimes, with former Bayan Muna Rep. Neri Colmenares saying in a statement last month that Duterte's camp raising the jurisdiction issue was expected "because there is no other way to defend former Pres. Duterte except on jurisdiction."

"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," Colmenares said.

Duterte defense team’s challenge to ICC 'laughable': Conti

The ICC is investigating alleged extrajudicial killings during Duterte's crackdown on illegal drugs as president, as well as supposed summary killings in Davao City (the infamous Davao Death Squad) when he was mayor there.

Duterte's drug war, based on official government records, claimed more than 6,000 lives of mostly poor suspected drug users and dealers, but human rights groups say the toll could be as high as 30,000.

Duterte may face other charges aside from crimes against humanity: lawyer

Duterte on March 14 appeared via video link before ICC judges. He is set to attend a September 23 hearing to confirm the charges against him.