Duterte lawyer hits ‘feat of mental gymnastics’ as ICC jurisdiction arguments continue
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Duterte lawyer hits ‘feat of mental gymnastics’ as ICC jurisdiction arguments continue
Defense Lawyer Nicholas Kaufman (R) speaks with Xavier Jean Keita of the office of public council for defense on March 27, 2014 at the courtroom of the International Criminal Court (ICC) in The Hague during Charles Ble Goude's initial appearance. Michael Kooren, AFP/File
Defense Lawyer Nicholas Kaufman (R) speaks with Xavier Jean Keita of the office of public council for defense on March 27, 2014 at the courtroom of the International Criminal Court (ICC) in The Hague during Charles Ble Goude's initial appearance. Michael Kooren, AFP/FileMANILA — Former president Rodrigo Duterte’s defense team slammed the Office of the Prosecutor’s arguments that the International Criminal Court (ICC) still had jurisdiction over the alleged extrajudicial killings committed under the former administration, describing the prosecution’s earlier filings as “feats of mental gymnastics.”
MANILA — Former president Rodrigo Duterte’s defense team slammed the Office of the Prosecutor’s arguments that the International Criminal Court (ICC) still had jurisdiction over the alleged extrajudicial killings committed under the former administration, describing the prosecution’s earlier filings as “feats of mental gymnastics.”
The Prosecution “miscalculated” the timing of the filing of crimes against humanity charges against Duterte, and now “eschews clarity” in its interpretation of the Rome Statute and other treaties, Duterte’s legal counsels said in the Defense’s Reply to the Prosecution’s Response to the Defense Challenge on Jurisdiction dated July 10.
The Prosecution “miscalculated” the timing of the filing of crimes against humanity charges against Duterte, and now “eschews clarity” in its interpretation of the Rome Statute and other treaties, Duterte’s legal counsels said in the Defense’s Reply to the Prosecution’s Response to the Defense Challenge on Jurisdiction dated July 10.
“The Prosecution, OPCV, and civil society at large have argued that Mr. Duterte should not ‘benefit’ from his administration’s decision to withdraw from the Rome Statute,” the document read.
“The Prosecution, OPCV, and civil society at large have argued that Mr. Duterte should not ‘benefit’ from his administration’s decision to withdraw from the Rome Statute,” the document read.
“Yet such an assertion ignores the principle of complementarity, disregards moves that were put in place domestically to prosecute the extra-judicial killings by a Government now opposed to Mr Duterte, and belies a belief that the only credible form of justice is that administered at the International Criminal Court,” it said.
“Yet such an assertion ignores the principle of complementarity, disregards moves that were put in place domestically to prosecute the extra-judicial killings by a Government now opposed to Mr Duterte, and belies a belief that the only credible form of justice is that administered at the International Criminal Court,” it said.
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“At the end of the day, it is the Prosecution which must shoulder the responsibility for its miscalculated and, ultimately, erroneous decision not to initiate an investigation within the designated time-period.”
“At the end of the day, it is the Prosecution which must shoulder the responsibility for its miscalculated and, ultimately, erroneous decision not to initiate an investigation within the designated time-period.”
Duterte’s lawyers earlier moved to drop the charges against the Philippines’ 16th President, citing the lack of jurisdiction noting that Manila has withdrawn from the Rome Statue in 2019, while it was only in 2019 when ICC prosecutors requested authorization from the tribunal to start a probe into possible human rights violations in the former chief executive’s campaign against illegal drugs.
Duterte’s lawyers earlier moved to drop the charges against the Philippines’ 16th President, citing the lack of jurisdiction noting that Manila has withdrawn from the Rome Statue in 2019, while it was only in 2019 when ICC prosecutors requested authorization from the tribunal to start a probe into possible human rights violations in the former chief executive’s campaign against illegal drugs.
“The pursuit of accountability cannot prioritise victims’ expectations over a suspect’s right to legal propriety and due process,” Duterte’s lawyers said.
“The pursuit of accountability cannot prioritise victims’ expectations over a suspect’s right to legal propriety and due process,” Duterte’s lawyers said.
“In light of all the aforementioned, and reincorporating all its previous arguments on the matter, the Defense respectfully REQUESTS the Pre-Trial Chamber to find that there is no jurisdictional basis for the continuation of proceedings against Mr Duterte and to order his immediate and unconditional release.”
“In light of all the aforementioned, and reincorporating all its previous arguments on the matter, the Defense respectfully REQUESTS the Pre-Trial Chamber to find that there is no jurisdictional basis for the continuation of proceedings against Mr Duterte and to order his immediate and unconditional release.”
The ICC’s Pre-Trial chamber earlier dismissed the defense panel’s petition to have 2 of 3 judges removed from Duterte’s case before the confirmation of charges hearing begins on September 23.
The ICC’s Pre-Trial chamber earlier dismissed the defense panel’s petition to have 2 of 3 judges removed from Duterte’s case before the confirmation of charges hearing begins on September 23.
The former president’s camp has also filed a request for an interim release, but has yet to receive a decision from the tribunal.
The former president’s camp has also filed a request for an interim release, but has yet to receive a decision from the tribunal.
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