Colmenares Speaks on Rodrigo Duterte ICC Case in Netherlands
RODRIGO DUTERTE – Atty. Neri Colmenares claimed that the former President allegedly has limited options in his case before the International Criminal Court (ICC).
The arrest of former Pres. Rodrigo Roa Duterte brought political turmoil in the Philippine government. Last March 11, the former President was arrested by the Philippine authorities upon his arrival from Hong Kong. On the same day, he was flown out of the country en route for The Hague, Netherlands.
Upon his arrival in the Netherlands, the custody of Duterte was transferred to the International Criminal Court. He is faced with an allegation of crimes against humanity before the ICC. Recently, the ICC said that at least 8,500 pages of written evidence will be presented against Duterte.
Former Pres. Rodrigo Duterte made his initial appearance before the pre-trial chamber of the International Criminal Court last March 15. The next pre-trial phase is the confirmation of charges set on September 23. Recently, a lawyer claimed that the former President allegedly has limited options over his ICC case.
Based on a report on Inquirer, Atty. Neri Colmenares claimed that options of former Pres. Rodrigo Duterte are questioning its jurisdiction in the Philippines or the admissibility of his case. According to him, the former President cannot bring up arguments of intoxication, legal insanity, or being under duress.
“All of these cannot be used by former President Duterte to exclude him from criminal responsibility. So, the only thing left for them is jurisdiction and admissibility,” Colmenares said.
Based on the report, with regards to the admissibility, it refers to whether the case should be heard by the ICC or not. If the case is already being investigated by a state that has jurisdiction over it, it may be inadmissible.
With regards to the jurisdictional argument, Duterte’s lead counsel is confident about it. British-Israeli lawyer Nicholas Kaufman even claimed that there might be no need to get to the confirmation of charges phase if he will be able to convince the judges that the ICC has no jurisdiction in the country.
According to Atty. Neri Colmenares, former Pres. Rodrigo Duterte and his legal team may have a “hard time” because the pieces of evidence against the former President are “very strong”. He also believes that the Duterte camp will have a hard time once charges have been confirmed against the former President.
Previously, Atty. Neri Colmenares claimed that there is allegedly no other way to defend former Pres. Duterte than the jurisdictional argument. Aside from Kaufman, French lawyer Dov Jacobs is also part of the ICC legal team of the former President.