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Duterte’s lawyer says ICC case ‘a kidnapping’, has ‘compelling’ grounds to throw out case

Duterte’s lawyer called for the ICC case to be dismissed, citing the Philippines’ withdrawal, and labelled Duterte’s detention a “political hit job”

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Philippine President Rodrigo Duterte gesturing as he delivers his state of the nation address at Congress in Manila. Photo: AFP

Rodrigo Duterte’s lead lawyer said on Sunday there was a “compelling” argument to throw out the International Criminal Court (ICC) case against the former Philippines president before it even comes to trial.

Nicholas Kaufman said he hoped to stop the case before the ICC confirms the charges against Duterte by arguing the court cannot exercise its jurisdiction.

He said the Philippines’ withdrawal from the court had become effective well before an investigation was authorised.

Duterte, 80, faces a charge of crimes against humanity for murder over his “war on drugs” that claimed the lives of thousands of mostly poor men, often without proof they were linked to drugs.

British-Israeli lawyer Kaufman, 56, said: “Coming back to the jurisdictional point, obviously you don’t need to be the dean of a law faculty to realise that that’s going to be a huge issue at pre-trial.”

“I think that the jurisdictional argument is compelling as defence counsel. I believe that it should succeed, and I would be hugely disappointed if it doesn’t succeed,” he added.

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