Duterte’s legal options limited – Colmenares

MANILA, Philippines — Questioning the court’s jurisdiction or the admissibility of his case may be the only options left for the legal team of former President Rodrigo Duterte to prevent him from being tried by the International Criminal Court (ICC), a human rights lawyer said on Sunday.

This was after the ICC Pre-Trial Chamber I rejected the proposal of Duterte’s counsel to restrict the type of identification documents that may be presented by drug war victims or their families who want to participate in the case of crimes against humanity of murder against the former president.

Neri Colmenares, a cocounsel for the victims’ families, told the Inquirer he believes Duterte would question the court’s jurisdiction or the admissibility of his case during the confirmation of charges hearing set on Sept. 23.

READ: ICC chamber eases ID rule for drug war victims

He explained that Duterte’s defense will not include bringing up arguments of legal insanity, intoxication, or being under duress while committing the crime he is charged with.

‘Hard time’

“All of these cannot be used by former President Duterte to exclude him from criminal responsibility,” he said. “So, the only thing left for them is jurisdiction and admissibility.”

Duterte and his legal team have repeatedly questioned the court’s authority to hear the case against him, citing the withdrawal in 2019 of the Philippines from the Rome Statute, the international treaty that created the ICC.

On the other hand, admissibility pertains to whether the case should be heard by the tribunal. One of the grounds that will make a case inadmissible is if it is already being investigated or prosecuted by a state that has jurisdiction over it.

Colmenares noted that Duterte and his legal team may have a “hard time” during the trial proper, claiming the pieces of evidence against him are “very strong.”

“You have to stop the trial right at the confirmation [of charges] hearing by claiming questions like admissibility or jurisdiction [because] the moment they lose on that argument, and charges are confirmed and the trial is set, that will go on,” he said.

Garma as witness?

One witness that may be asked to appear in the ICC, according to him, is retired Police Col. Royina Garma, who was arrested and detained in the United States last year by customs and border agents.

Garma earlier testified before the House quad committee that Duterte implemented a reward system for police officers who killed drug suspects.

Considering her current state in the United States, Colmenares said the ICC can make “processes” to have Garma appear at The Hague as a witness.

He cited three possible requirements that may have to be met for Garma to be flown to the Netherlands: for the ICC prosecution to see her as a crucial witness, for the United States to allow her to be turned over, and for Garma to consent to become a witness.

“The US doesn’t really have any love lost for President Duterte since he is leaning toward China,” Colmenares said. “So, who knows, the US may accede? Who knows, maybe they’ll say it’s ‘for the interest of justice.’”

(2025/04/21-05:50)