The warrant of arrest issued by the International Criminal Court (ICC) against former President Rodrigo Duterte is valid, according to legal experts.
“I don’t think there’s a question about the validity of the warrant. The ICC, in exercising its jurisdiction, has the authority to issue such a warrant,” said Ralph Sarmiento, Dean of the College of Law at the University of St. La Salle Bacolod, in a report by 24 Oras.
Duterte was arrested Tuesday morning for crimes against humanity linked to his war on drugs and is currently detained in The Hague, Netherlands.
ICC Jurisdiction Despite PH Withdrawal
🔹 Duterte withdrew the Philippines from the Rome Statute in 2019 after the ICC launched an investigation.
🔹 However, the ICC retains jurisdiction over alleged crimes committed from November 1, 2011, to March 16, 2019, when the Philippines was still a party to the treaty.
🔹 The Supreme Court of the Philippines has ruled that the country remains obligated to cooperate with ICC proceedings initiated before its withdrawal.
Legal Process and Human Rights Considerations
🔹 Michael Tiu, an international law expert, explained that under Article 59 of the Rome Statute, an accused must be presented before a competent judicial authority for verification.
🔹 However, Sarmiento argued that this no longer applies since the Philippines is no longer an ICC member—what matters now is ensuring Duterte’s fundamental rights are upheld.
🔹 ICC-accredited lawyer Joel Butuyan confirmed that Duterte’s Miranda rights were read, and the arrest was peaceful and lawful.
Interpol’s Role in Duterte’s Arrest
The ICC sought Interpol’s assistance in issuing the warrant, and since the Philippines has an agreement with Interpol, the government was obligated to enforce it.
“If in the future we need Interpol’s help, they might not assist us if we disregard their request now,” Sarmiento noted.
Petitions by Duterte’s Children Deemed Ineffective
🔹 Duterte’s children have filed petitions before the Supreme Court challenging the arrest.
🔹 However, legal experts say these hold no weight, as the Supreme Court has no jurisdiction over the ICC.