The case — charging the former Philippine president with crimes against humanity in his war on drugs — is the latest high-profile action on the court’s docket.
THE HAGUE, Netherlands (AFP) – Judges at the International Criminal Court on Wednesday threw out a challenge to the court’s jurisdiction by Rodrigo Duterte, meaning the former president of the Philippines could still stand trial over his war on drugs.
The 81-year-old faces three counts of crimes against humanity at the Hague-based international court for killings allegedly carried out as part of his crackdown on drug users and pushers.
The charges relate to his time as mayor of Davao City between 2013 and 2016 and then as president until March 2019, when the Philippines withdrew from the ICC.
Duterte’s defense had argued that the court had no jurisdiction over the alleged crimes in the Philippines because the country is no longer subject to the Rome Statute, the founding text of the ICC.
The prosecution countered that the alleged crimes occurred while the Philippines was still a member of the ICC and thus the judges could rule on Duterte’s case.
In an initial ruling in October, the ICC’s pre-trial chamber sided with the prosecution, ruling that the investigation into Duterte began before the Philippines’ withdrawal.
The appeals court dismissed the defense team’s objection to this decision.
The court “rejected all four grounds of appeal,” said presiding judge Luz del Carmen Ibanez Carranza.
“Having rejected the entire appeal, the appeals chamber finds the defense’s request for Mr. Duterte’s immediate and unconditional release moot,” she added.
Duterte’s defense lawyer, Nicholas Kaufman, said he was not surprised by the decision given the fact that Duterte’s trial is the remaining high-profile case at the ICC.
“Leave to appeal would have virtually emptied the court’s file,” he said in a statement to AFP.
In a separate proceeding, judges are weighing whether to uphold the charges against Duterte, the final step before a trial that would be the first against a former head of state from Asia.
In hearings in February, the prosecution alleged that Duterte was responsible for thousands of deaths during his war on drugs.
His defense said there was no “smoking gun” directly linking Duterte’s fiery rhetoric and threats against drug users to the actual killings.
In any case, Duterte is unlikely to appear in court.
The court accepted his request not to appear at the February hearings, with his defense saying he was not mentally competent.
The only time he has been seen since his arrest and transfer to The Hague was in an initial appearance via videolink, in which he appeared confused and exhausted.
He did not appear at the reading of Thursday’s decision.
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From Agence France-Presse
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