Palasyo sa hamon ng Duterte camp sa ICC: Hayaan na lang sila

“Let them be.”

This was Malacañang’s brief reaction on Friday when asked about the Duterte camp’s move to question the International Criminal Court’s (ICC) jurisdiction over the former president’s arrest.

“If their defense claims the ICC has no jurisdiction, then that’s part of due process. Let them be. Whatever the ICC’s response will be, it’s now in their hands,” said Palace Press Officer Undersecretary Atty. Claire Castro during a briefing.

Duterte’s legal team recently filed a “Defence Challenge with Respect to Jurisdiction” at the ICC. The document, dated May 1, 2025, was signed by lead counsel Nicholas Kaufman and associate counsel Prof. Dr. Dov Jacobs.

In their submission, the defense cited Article 19(2)(a) of the Rome Statute, arguing that the ICC should not exercise jurisdiction over the case. They insisted that at the time the Pre-Trial Chamber authorized opening the investigation on September 15, 2021, the necessary conditions were not met.

Duterte’s lawyers are also demanding his immediate release from detention through this legal challenge.

Since his arrest on March 11, Duterte has been held at the Hague Penitentiary Institution. He faces charges of crimes against humanity linked to extrajudicial killings carried out during his controversial war on drugs.

The ICC has scheduled the confirmation of charges hearing for September 23, 2025.

Meanwhile, President Ferdinand “Bongbong” Marcos Jr. has confirmed the legality of Duterte’s arrest, stressing that the government merely honored its obligations with Interpol.

The legal battle at The Hague heats up as the world watches closely. How will the ICC respond? The coming months promise high drama for the Philippines and its former chief executive.