Lawyer Harry Roque, who served as spokesman of former President Rodrigo Duterte, said on Saturday that they will raise the issue of jurisdiction before the next hearing of the International Criminal Court on September.
Roque said they plan to do this at an earlier date because they believe that the issue of jurisdiction for both the implication of the alleged kidnapping as the means of the court’s divesting jurisdiction and whether or not the court has jurisdiction despite the fact that preliminary examination has commenced two years after the Philippines has already withdrawn its membership in the court.
Roque also expressed disappointment that the court did not address the issue of “kidnapping” as a means to divest a court jurisdiction.
“We think that the ICC should again set an example in promoting international justice and when kidnapping is allowed as a means of acquired jurisdiction of the accused we think these two is a travesty of justice. We believe that at the earliest instance, the court should rule on the legality of kidnapping as a means of acquired jurisdiction,” Roque said.
Roque added that it is unacceptable that the jurisdiction was acquired through kidnapping. He underscored that the court is now being used as a tool of oppression by the Marcos government.
Right after the hearing, Vice President Sara Duterte immediately met her father. It was the first time they would be meeting after the vice president arrived in the Netherlands.
Roque expressed disappointment to ICC for delaying the meeting of the vice president and her father.
“We condemn it. Why it took two days for a family member to visit the accused is unacceptable. The vice president chose to meet for the first time with her father former president Rodrigo Duterte she had not the occasion neither have I to meet with the president. I’m a bit disappointed at the practice of the ICC to cast delayed the visit of the family members,” he said.
Earlier the vice president requested the court for the postponement of the hearing next week as they want to add other counsels to the list and to meet with the former president to discuss legal strategies, however, the motion was not approved.
The elder Duterte on Friday was not able to personally attend his pre-trial hearing at the International Criminal Court (ICC) on his alleged crimes against humanity over his war on drugs campaign but instead participated by videoconference.
ICC spokesman Fadi El Abdallah explained that this is because of the long journey, the former president was allowed by the court to follow the hearing remotely.
The former president appeared briefly via video link when he confirmed his identity and his date of birth.
Lawyer Salvador Medialdea, former Executive Secretary during the Duterte administration, represented the former president as legal counsel during the pre-trial.
Vice President Sara Duterte, Senator Robinhood Padilla, and former presidential spokesperson lawyer Harry Roque were present in the courtroom during the hearing.
Medialdea claimed before the ICC judges that the former president was subjected to “extrajudicial rendition” or kidnapping and degrading arrest.
In a statement, the ICC said the former president was “surrendered to the custody of the International Criminal Court. He was arrested by the authorities of the Republic of the Philippines…for charges of murder as a crime against humanity”.
The ICC stated that Duterte is suspected of murder qualified as a crime against humanity, allegedly committed in the Philippines between November 1, 2011 and March 16, 2019.
The court said during this time, “Mr. Duterte was, at varying times, the President of the Philippines, the Mayor of Davao City, and, allegedly, the head of the Davao Death Squad.”
The ICC also set the confirmation of charges hearing of the former president on September 23, 2025.
