Duterte allies ask: Why wasn’t the ICC arrest warrant coursed through a local court?

March 20, 2025 | 2:50pm

MANILA, Philippines — Allies of former President Rodrigo Duterte once again challenged the validity of his arrest by the International Criminal Court (ICC), this time questioning why the warrant was not coursed through a Philippine court.

During a highly emotional Senate hearing probing Duterte’s ICC arrest, several of Duterte’s allies in the Senate questioned the government authorities who implemented the arrest. 

Sen. Imee Marcos, sister of President Ferdinand Marcos Jr. but a staunch Duterte ally, asked lawyer Alexis Medina whether he believed Duterte was surrendered or extradited.

Medina cited Section 6 of the Philippine Bill of Rights, which states: "The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court."

“Whatever right that is granted by the constitution, cannot be diminished or lessened or stripped away by any statute. So if the constitution guarantees that if a person is to be expelled from the Philippine territory, by whatever means, a lawful order of the Court is required,” Medina said. 

However, he clarified that his views were non-partisan and even emphasized that he did not vote for Duterte.

Sara Duterte makes surprise Senate appearance

Vice President Sara Duterte made a surprise virtual appearance at the hearing, joining via video teleconference from The Hague, Netherlands. She flew there to follow her father’s ICC trial.

“Why did they enforce a foreign warrant without a Philippine court order? Why didn’t they arrest PRRD (President Rodrigo Roa Duterte) before a judge as required by the Rome Statute itself?” Duterte said.  

Sen. Alan Peter Cayetano, a longtime Duterte defender, also questioned whether the former president was given enough time for legal remedies. Duterte was arrested on the morning of March 11 and flown out of the country that night.

Justice Secretary Jesus Crispin Remulla said that it was possible to get a court order within hours, but he said he will not divulge any more information on the matter since there is an ongoing Supreme Court case filed by the Duterte family. 

The government maintains that Duterte’s arrest was legal, citing Section 17 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

“In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties,” the provision read. 

Duterte is in the ICC for crimes against humanity in relation to the bloody drug wars. The drug war has seen the deaths of thousands of people — with very few prosecutions. 

The drug war has been widely condemned internationally. Reports and investigations have documented that many poor Filipinos, suspected of involvement in the drug trade, were killed execution-style without due process.