ICC JURISDICTION QUESTIONED BY Atty. Kauffman. Atty. Bueno explains. скачать в хорошем качестве

ICC JURISDICTION QUESTIONED BY Atty. Kauffman. Atty. Bueno explains.

Atty. Kauffman's legal challenges to dismiss the ICC case against former President Duterte, primarily based on the Philippines' withdrawal from the Rome Statute, are unlikely to succeed due to several key factors. The ICC's established precedent and the Rome Statute's own language strongly suggest continued jurisdiction. Article 127(2) explicitly states that withdrawal does not affect the court's jurisdiction over crimes committed while the state was a party. The ICC's interpretation of this clause, supported by legal scholars, prioritizes the victims' right to justice and the principle of accountability for international crimes. The argument that withdrawal negates jurisdiction over crimes committed before withdrawal is a narrow interpretation not widely supported within international law. Furthermore, the ICC has consistently emphasized its commitment to investigating and prosecuting such crimes, regardless of a state's subsequent withdrawal. Therefore, the ICC pre-trial chamber is likely to reject Kauffman's arguments, maintaining its jurisdiction over the case. www.cisph.net   / attybueno