As ICC weighs Duterte's interim release, House resolution calls to reject bid

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MANILA, Philippines — A resolution has been filed urging the House of Representatives to oppose efforts to grant the interim release and repatriation of former President Rodrigo Duterte.

Rep. Antonio Tinio (ACT Teachers Party-list) and Rep. Renee Co (Kabataan Party-list) filed House Resolution 9 on Monday, June 30, asking the lower chamber to recognize the merits of Duterte’s case, who stands accused of crimes against humanity before the International Criminal Court (ICC) over his bloody war on drugs.  

“Be it further resolved, that the House of Representatives also support the continued detention of Mr. Duterte by the International Criminal Court, with the goal of ensuring that justice be exacted for the victims of his bloody War on Drugs,” the resolution read. 

The resolution cited jurisprudence justifying the ICC’s jurisdiction over a portion of the former president’s anti-illegal drug war campaign, including his last term as Davao City mayor. 

It invoked two sources of jurisdiction: Republic Act 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide and other Crimes Against Humanity; and the Rome Statute, which governs the ICC.

Under Section 17 of Republic Act 9851, the Philippines may defer to another court or international tribunal that is already investigating or prosecuting a crime under the law, if it determines that local courts have failed to deliver adequate justice.

Meanwhile, Article 127 of the Rome Statute provides that a state party’s withdrawal from the International Criminal Court does not exempt it from investigations or proceedings concerning alleged crimes committed while it was still a member. 

The Philippines was a member of the ICC from Nov. 1, 2011 to March 16, 2019. The country withdrew from the ICC during Duterte’s administration, at the height of his war on drugs, amid his belief that the Court was “attacking” him over the campaign.

Tinio and Co also cited the Supreme Court’s ruling in Pangilinan v. Cayetano, which reaffirmed that under the Rome Statute, the ICC retains jurisdiction over all acts committed by state officials while the country was still a member.

Duterte's ICC interim release

Acting on a diffusion notice from the International Criminal Police Organization (Interpol), Philippine authorities arrested Duterte on March 11, just after he returned from Hong Kong.

By March 12, he was transferred to The Hague, Netherlands, where the ICC is located, and first appeared before the Pre-Trial Chamber I on March 14. 

After nearly three months in detention, Duterte’s counsel asked the court for interim release, arguing that the former president is not a flight risk and will comply with all proceedings. 

They also cited his age and health concerns, even though the ICC has its own healthcare facilities and provides such services at no cost.

Both the ICC Prosecutor and the Public Counsel for Victims have urged the Pre-Trial Chamber to deny the defense’s request for interim release, citing Duterte’s repeated defiance of the Court’s jurisdiction, his strong resistance during arrest, a pattern of obstruction and the kidnapping narrative promoted by his family and supporters.

Duterte’s request for temporary release remains undecided, as the international tribunal has yet to issue a ruling. His confirmation of charges hearing is set for September 23, with the prosecution seeking to move the case to trial and the defense opposing it.

With the resolution filed, the plenary can now decide by majority vote whether to support it and take a formal stand against moves for Duterte’s temporary release.