- Enforcing ICC warrant on Duterte undermines PH courts: IBP
THE INTEGRATED Bar of the Philippines Davao assailed the arrest and detention of former President Rodrigo Duterte as the lawyers’ organization saw the International Criminal Court’s move as a subversion of the country’s sovereignty.
“While international treaties play a role in promoting global justice, they must always respect national sovereignty and recognize the capacity of individual nations to enforce their own laws,” the statement released on Tuesday, March 11, said.
The IBP reiterated that the Philippines no longer recognizes the jurisdiction of the ICC effective March 17, 2021. Even if the tribunal would argue that its investigation covered crimes committed before the country’s withdrawal from the Rome Statute, it still could not force non-member states to cooperate.
The organization described Duterte’s arrest as a “defining test for the Philippines,” and the global community is watching how it deals with the issue legally and justly without sacrificing sovereignty.
“The Philippine National Police (PNP) is duty-bound to uphold the Constitution and prioritize the interests of the Filipino people. Any action on an ICC-issued warrant must strictly adhere to Philippine laws to ensure national sovereignty and to protect the rights of its citizenry,” the statement added.
Supreme Court must step in
Meanwhile, lawyers Israelito Torreon and Vic Rodriguez filed a petition for certiorari before the Supreme Court on Tuesday afternoon after former President Rodrigo Duterte signed the petition.
The petition prayed for the Supreme Court to issue an injunction and stay the enforcement of the ICC-issued warrant.
Duterte previously questioned the legality of his arrest and detention after he was taken immediately by the Philippine National Police upon arrival at the Ninoy Aquino International Airport terminal 3 to the 250th Presidential Airlift Wing in Villamor air base from after his trip in Hong Kong.
Accordingly, the ICC already issued a warrant of arrest for Duterte’s controversial war on drugs.
Supreme Court responds
Attorney Camille Sue Mae L. Ting, Supreme Court spokesperson, issued a statement after receiving the Torreon and Rodriguez’s petition. “(The) petitioners seek a temporary restraining order (TRO) to prevent respondents from facilitating, assisting or cooperating with the International Criminal Court (ICC) in any investigation related to the Philippine government’s anti-drug campaign.”
“Given the significance of the case and upon the Chief Justice’s instructions, a special raffle has been conducted pursuant to Rule 7, Section 7 of the Internal Rules of the Supreme Court,” the statement said.
At 9:20 a.m. on March 11, 2025, Duterte and his group arrived in Manila from Hong Kong via Cathay Pacific CX 907.
Senator Bong Go stated that there were instructions to bar their entry from a portion of NAIA Terminal 3, including Duterte’s physician. Upon Duterte’s arrival, the Prosecutor General served the ICC notification for his arrest warrant.
Malacañang confirmed that Interpol Manila received the official copy of the arrest warrant from the ICC for Duterte.
At 11:35 p.m. on the same day, Former President Rodrigo Duterte was processed inside the military headquarters of the Philippine Air Force Villamor Air Base.
Duterte questions his arrest
“For detention and the basis for detention. So what is the law, and what is the crime that I committed?” he told the arresting officers led by Criminal Investigation and Detection Group chief Gen. Nicolas Torre III.
“Show to me now the legal basis of my being here. As I, apparently, was brought here not of my own volition, it’s somebody else’s. Kung Hindi ibang tao, Ikaw siguro … the Constitutional structure. So you have to answer now for the deprivation of liberty,” Duterte said.
Unlawful arrest
Former chief presidential legal counsel Salvador Panelo called the arrest unlawful.
“He was deprived of legal representation at the time of his arrest. The PNP could not have a hard copy of the warrant arrest,” said Panelo.
“It is an illegal arrest because the ICC arrest warrant comes from a spurious source, the ICC, which has no jurisdiction over the Philippines.”
“The government action will make the arresting team as well as the public officials ordering the arrest criminally liable.”
China’s statement
Also on Tuesday, China warned the International Criminal Court (ICC) against “politicisation” and “double standards” after former Philippines President Rodrigo Duterte was arrested in Manila by police acting on a warrant related to his deadly war on drugs
“China has noted the relevant information and is closely monitoring the development of the situation,” foreign ministry spokeswoman Mao Ning told a briefing when asked about the arrest.
