The defense team of former Philippine president Rodrigo Duterte has confirmed the inclusion of international criminal law expert Dr. Dov Jacobs as associate counsel, signaling a likely focus on contesting the International Criminal Court’s (ICC) jurisdiction in Duterte’s ongoing case.
Duterte’s lead defense counsel, Nicholas Kaufman, announced Jacobs’ entry into the legal team on April 3, emphasizing the French lawyer’s credentials in international humanitarian law. “Dr. Dov Jacobs is a well-known and highly respected academic in the field of international humanitarian law,” Kaufman stated in a press release. The ICC formally recognized Jacobs’ inclusion in the team in a filing released Tuesday.
Although Kaufman did not specify Jacobs’ exact role, observers believe his expertise will be directed at questioning the jurisdictional authority of the ICC over Duterte, particularly regarding his controversial anti-drug campaign that resulted in thousands of deaths.
Jacobs, who is ICC-accredited, is known for his work in high-profile international criminal cases, including his involvement in the defense of former Ivory Coast president Laurent Gbagbo. In a past LinkedIn post, Jacobs criticized the ICC’s treatment of Article 59 of the Rome Statute, which mandates that arrested individuals be brought before a “competent judicial authority” in the country where the arrest was made.
He cited the Gbagbo case, writing, “The ICC has historically been reluctant to provide adequate monitoring of domestic conduct and remedies for violations of Article 59… setting a high standard for acknowledging any abuse of process.” He added that while challenging such violations is difficult, they “will still likely be raised in the early stages of the proceedings, and rightly so.”
Jacobs’ recent comments suggest he will argue that Duterte’s arrest and subsequent transfer to The Hague on March 11 may have breached due process standards set by the Rome Statute. These issues are expected to form a key part of the early procedural arguments in Duterte’s defense strategy.
The addition of Jacobs is seen as a strategic move to strengthen the former president’s legal battle against the ICC’s investigation into alleged crimes against humanity committed during his administration’s war on drugs.