The Philippine government confirmed a significant legal action: the lawful arrest and surrender of former President Rodrigo Duterte to the International Criminal Court. This move, according to the Office of the Solicitor General, was executed in full compliance with both international legal standards and the laws of the Philippines.
Solicitor General Darlene Marie Berberabe detailed the government’s position to the Supreme Court, asserting that the planned transfer of Mr. Duterte to The Hague in 2025 represented a legitimate exercise of executive authority. The government meticulously followed established protocols, ensuring every step aligned with legal requirements.
The OSG emphasized adherence to Section 17 of Republic Act No. 9851, the Philippine law addressing crimes against international humanitarian law. This included verifying that another court was actively investigating and prosecuting, that surrender served the interests of justice, and that all applicable laws and treaties were respected.
This legal battle stems from petitions filed by Mr. Duterte and Senator Ronald dela Rosa, alongside habeas corpus petitions submitted by the former president’s children following his arrest at the Ninoy Aquino International Airport. The core of their challenge questioned the legality of the surrender process.
In a supplemental memorandum, the OSG urged the court to dismiss these petitions, arguing that any Philippine court order would be unenforceable given Mr. Duterte’s location in the Netherlands. The principle of extraterritoriality played a key role in this argument.
Separately, the OSG also moved to reject Senator dela Rosa’s request to prevent a potential ICC arrest warrant. The government maintained that the senator had not demonstrated the existence of any warrant, nor any immediate government action to enforce one.
The Solicitor General underscored that without a concrete governmental act impacting Senator dela Rosa’s rights, there was no basis for a temporary restraining order or injunction. Due process concerns, the OSG argued, were unsubstantiated.
Senator dela Rosa, recently identified as a “co-perpetrator” in ICC documents, has been absent from the Senate amid speculation about a possible arrest warrant linked to his involvement in the Duterte administration’s controversial anti-drug campaign. His absence adds another layer of complexity to the situation.
This affirmation from the OSG arrives just before the ICC’s Pre-Trial Chamber I is scheduled to begin a confirmation of charges hearing. This hearing, set for February 23rd, will determine whether the case alleging crimes against humanity will proceed to a full trial, marking a critical juncture in the proceedings.
