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Jean Mangaluz - Philstar.com
March 12, 2025 | 2:17pm
MANILA, Philippines — The Philippines can still prosecute former President Rodrigo Duterte even if the government has turned him over to the International Criminal Court (ICC), the Palace said on Wednesday, March 12.
The Philippine government made the historic decision of transfer Duterte to the Hague, through the International Criminal Police Organization (Interpol) on March 11, marking the first time that a Filipino citizen will be tried at the ICC.
However, the decision sparked controversy, with many arguing that it signified a failure of the Philippine justice system, thus requiring intervention from an international body.
“There’s no waiver yet of the right of the state to still run after him if there are other complainants in the country. It just so happened that there is a pending case in the ICC and we are just complying,” Palace Press Officer Claire Castro said.
Any alleged victims may still choose to file a case against Duterte, she added.
Castro also said that any further requests made by the ICC will not be entertained, but they will work with Interpol. She said that even if the Philippines was no longer a member of the ICC, it still had the prerogative to work with Interpol.
She emphasized that surrendering Duterte to the ICC was not an indication that the local courts are not working.
The ICC temporarily halted its probe in 2021, but resumed the investigation in 2023 after it found that the country was not undertaking relevant efforts to pursue cases.
The Palace said that the Duterte administration had the opportunity to prove the effectiveness of the justice system during the suspension.
When asked if Duterte’s transfer would affect his local cases, Castro said she did not think so.
"If he can defend himself right away, then he could come back. After all, Duterte claimed that he had no fault," Castro said.
“Napakadali po, kay dating pangulong Duterte sa kanyang palagay, na malulusutan siya ang hearing sa ICC,” she added.
(It would be so easy, in former president Duterte’s opinion, to breeze through the ICC hearings.)
No extradition
Castro clarified that Duterte was not extradited but was instead surrendered by the government. She cited Republic Act 9851, also known as 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,” Section 17 read.
The government was not just surrendering any ordinary Filipino citizen, Castro stressed. Duterte’s case was different, as he was accused of crimes against humanity.
“We have to comply with the law, and also give justice, either to the victims or the accused. If the accused can say, ‘I am not guilty, I can defend myself’, then go on. It’s also justice for him. That’s due process,” Castro said.
“But if he is guilty, then we should also give justice to the victims,” she added.
