1 week Ago By Lian Buan
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rapplerAds.displayAd( "mobile-middle-1" );MANILA, Philippines – Former Philippine president Rodrigo Duterte would be filing the challenge to the jurisdiction of the International Criminal Court (ICC) soon, and will separately apply for an interim release “when the conditions are ripe,” his lead defense lawyer Nicholas Kaufman told Rappler on Wednesday, April 2.“As for the timing of a challenge concerning the exercise of jurisdiction; this issue will be presented in the near future,” Kaufman told Rappler in a message.
“Such a challenge is entirely distinct from an application for interim release which will be introduced when the conditions for such are ripe,” Kaufman added. Interim release requires that there is no risk of flight for Duterte, no risk of obstructing the investigation, and no risk of him recommitting the alleged crimes he is accused of.The biggest issue with the ICC’s jurisdiction over the case, on the other hand, is the Philippines’ withdrawal as a member which took effect in 2019.
Throughout the years-long proceedings, Prosecutor Karim Khan had secured favorable rulings that there is no time limit to the jurisdiction for as long as the alleged crimes happened when the country was still a member. The Philippines was a member from 2011 to 2019, so the case covers alleged killings by the Davao Death Squad from 2011 up to the drug war killings in 2019. Killings beyond 2019 fall out of the scope.
However in July 2023 at the appeals stage, two judges dissented and believed that to retain jurisdiction over a country that had withdrawn, the pre-trial chamber authorization must have been secured before withdrawal took effect. The Philippines’ withdrawal became effective 2019, but the pre-trial chamber authorized the investigation only in 2021. (Read more about that here.
)When the pre-trial chamber issued the warrant against Duterte on March 7, the judges said, “The Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019.”It will be up to the judges how they will treat the forthcoming jurisdictional challenge, and whether that will affect the initial schedule of the confirmation of charges hearing set for September 23.“The Pre-Trial Chamber will probably set a timetable for responses and they will also determine whether the matter should be decided before or in the context of a decision on whether or not to confirm the charges,” Kaufman said.
“These procedural and substantive issues will be debated by all parties in due course and I most certainly do not wish to trespass on the province of the judges’ decision-making activity,” said Kaufman.Must Read In ICC jail, crimes against humanity suspects like Duterte crave native food Has Duterte applied for legal aid?window.rapplerAds.
displayAd( "middle-2" );window.rapplerAds.displayAd( "mobile-middle-2" );Kaufman earlier told Rappler that Duterte retained him as his defense lawyer.
Vice President Sara Duterte earlier indicated future plans to apply for legal aid. “Sinabihan ko siya na malaki ang posibilidad na mag-apply kami ng legal aid at hindi ito privately funded case,” she said in a virtual press conference on March 20. (I told our lawyer there’s a big possibility to apply for legal aid and this won’t be a privately funded case.
)On Facebook, former presidential spokesperson Harry Roque claimed that Duterte has applied for legal aid and is entitled to 40,000 euros (P2.47 million) from the ICC. There is no confirmation that Duterte had indeed applied for legal aid.
“I am not going to comment on Harry Roque’s statements to the press, on his sources or his reasons for volunteering this information. As the Vice President has already stated, Harry Roque is not part of the ICC defense team,” said Kaufman.“The former President, himself, has confirmed that Harry will not be a member of his defense team.
This is for a number of reasons — not least because of a concern that Harry’s employment might prejudice his application for political asylum in The Netherlands. We all thank Harry for his support and wish him the best in his future endeavors,” Kaufman added.Application for legal aid would be considered by the ICC registrar, and Duterte would be qualified if he is determined to be indigent or partially indigent.
At least in 2017, Duterte’s net worth was P28.5 million. He kept his Statement of Assets and Liabilities and Net Worth (SALN) secret after that and throughout his term in 2022, aided by an official policy of his appointed Ombudsman, Samuel Martires.
The amount, or the form of assistance, that the ICC can extend would also depend on the complexity of the work, according to the ICC’s legal aid policy. The policy also has a complex structure that takes into consideration even the stage of the proceedings.“If [the application for legal aid] will be public it will be made available on our website.
Before that I have no information,” ICC spokesperson Fadi El Abdallah told Rappler in a message.Must Read Paano malalaman kung crimes against humanity ang drug war ni Duterte? – Rappler.com1 euro = P61.
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