The legal team of Former President Rodrigo Duterte appealed for his "immediate and unconditional release" from detention as they formally challenged the jurisdiction of the International Criminal Court (ICC) over his arrest for alleged violation of crimes against humanity.

The submission, signed by Duterte's legal counsel Nicholas Kaufman and Associate Counsel Prof. Dov Jacobs on May 1, states that "there is no legal basis" for the continuation of the proceedings against the former president.

"The Defence reiterates that the preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorised the opening of an investigation on 15 September 2021. The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time," it stated.

"As a consequence, all procedural steps taken in the Situation and, subsequently, in the case against Mr Rodrigo Roa Duterte, lack legal foundation and should be nullified forthwith," it added.

The submission also noted that "liberty of the individual is at stake and the present Prosecutor should not be fighting tooth and nail to perpetuate or defend an erroneous decision taken by his predecessor."

"Indeed, the Defence is informed that neither the former or current Prosecutor sought input from any of their ‘special advisors’ on the issues pertinent to the current debate," it added.

It also stressed that for jurisdictional reasons, even President Ferdinand Marcos Jr. has impliedly accepted that Duterte should not be tried at the International Criminal Court.

"In an exchange of letters, President Marcos even gave a written undertaking to the effect that his government would not “assist the ICC, in any way, shape or form”, it stated.

Duterte, who remained under the custody of the ICC at The Hague, was arrested and brought to the Netherlands last March 11. Robina Asido/DMS