NUPL Confident ICC Will Uphold Jurisdiction Over Philippines in Duterte Case
In a significant development, the National Union of People's Lawyers (NUPL) has expressed strong confidence that the International Criminal Court (ICC) will affirm its jurisdiction over the Philippines. This comes ahead of the tribunal's scheduled decision on April 22, 2026, regarding a petition from former President Rodrigo Duterte's camp challenging the court's authority in the country and his case.
Legal Grounds for Jurisdiction
NUPL President Ephraim Cortez outlined several key reasons supporting the ICC's jurisdiction. First, the alleged crimes linked to Duterte occurred while the Philippines was still a member state of the ICC. Second, the Office of the Prosecutor initiated a preliminary investigation in February 2018, a full year before the Philippines' withdrawal from the ICC took effect. Third, the investigation began with a preliminary examination in 2018, not in 2021 when the OTP authorized the formal preliminary investigation.
Cortez emphasized that the authorization for the preliminary investigation is part of a single court proceeding, marking a progression from identifying potential crimes against humanity to a formal probe into liability. He argued that the Philippines' withdrawal was a maneuver to evade accountability, but it is too late to impact the ongoing case.
Implications and Residual Jurisdiction
The veteran lawyer further noted that the ICC retains residual or continuing jurisdiction in this matter, meaning the challenge from Duterte's camp is unlikely to affect the proceedings. This stance underscores the legal complexities surrounding international justice and sovereign actions.
