Philippine government turn over Duterte to the ICC after arrest over drug war atrocities

Crisjan Magaddatu

Former President Rodrigo Duterte arrived at The Hague, Netherlands, aboard a chartered plane from the Philippines on Wednesday, March 12, and was immediately placed in the custody of the International Criminal Court (ICC), following his arrest in the context of crimes against humanity charges.

In an official statement released by the ICC, the court confirmed that Duterte was already in their custody and assured the public that he was accompanied by a medical professional as part of the court’s standard procedure.

“This [Duterte’s arrest] is a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction,” the court emphasized.

Furthermore, the ICC also said that they were already preparing for subsequent judicial proceedings regarding the case.

Despite this, Duterte's allies continued to question the court’s jurisdiction over the Philippines, citing the country’s withdrawal from the Rome statute in 2019.

“Unang-una hindi pwedeng maging batayan ng pag-aresto o pagdetina sa dating Pangulong Duterte ang ICC warrant of arrest dahil walang jurisdiction ang ICC sa ating bansa,” Atty. Salvador Panelo, Duterte's chief legal counsel, said.

Meanwhile, hours after Duterte's arrest, former Chief of Police Ronald “Bato” Dela Rosa also filed a last-minute petition urging the Supreme Court of the Philippines to issue a temporary restraining order (TRO) to prevent any government officials from cooperating with the ICC and Interpol.

“This Honorable Court must intervene now to protect the nation from unlawful foreign interference, uphold the supremacy of Philippine law, and reaffirm that no external body can dictate the administration of justice within the sovereign territory of the Philippines,” the petitioners wrote.

This, however, was turned down by the high tribunal after failing to establish a clear right for an immediate TRO.

Meanwhile, Atty. Kristina Consti, the assistant to the counsel of the ICC, had previously explained that the arrest was legal and within the jurisdiction of the court since the alleged crimes were committed long before the Philippines withdrew from the ICC.

“Kumagat na po yung jurisdiction kasi within the coverage of the ICC yung membership and kaso na isinampa ng mga biktima. So pasok po both temporal and geographical,” Consti clarified.

She also said that the individuals arrested under an ICC warrant should swiftly be sent to The Hague, where the ICC headquarters is located.

“When a person is arrested under a warrant of arrest from the ICC, he should be turned over to law enforcement officers of a member state, and is to be flown to The Hague, The Netherlands ASAP," Conti further added.

Consti also revealed that the ICC is considering further legal action against other key figures of Duterte’s administration, including former police chiefs Dela Rosa and Oscar Albayalde, for their roles in the war on drugs.