Philippines Senate to Investigate Duterte’s Arrest and ICC handover

The Philippine Senate announced Monday, March 17, 2025, it will launch a probe into the arrest and subsequent handover of former President Rodrigo Duterte to the International Criminal Court (ICC). The ICC intends to try him for alleged crimes against humanity.

Background: crimes Against Humanity Allegations

Duterte, 79, faces accusations of committing the crime against humanity of murder. These charges stem from his governance’s campaign against drug users and dealers,a campaign that human rights groups claim resulted in thousands of deaths.

Senate Inquiry Initiated

Sen. Imee Marcos, sister of current President Ferdinand Marcos Jr. and a known ally of Duterte’s daughter, Vice President Sara Duterte, initiated the probe. This move comes amid a backdrop of a fractured political landscape and reported tensions between the Marcos and Duterte families following their 2022 election victory.

Imee Marcos’ statement

Sen. Marcos articulated her rationale for the inquiry, stating, “As chairperson of the Senate Committee on Foreign Relations, I am calling for an urgent investigation into the arrest of former president Rodrigo Roa Duterte, an issue that has deeply divided the nation.”

She emphasized the need to uphold legal standards, adding, “It is indeed imperative to establish whether due process was followed and to ensure that his legal rights were not just upheld but protected,” and affirmed that “Our sovereignty and legal processes must remain paramount.”

Details of the Arrest and Transfer

Duterte was apprehended at Ninoy Aquino International Airport on March 11, 2025, after returning from a brief trip to Hong Kong. He was swiftly transported to the Netherlands and handed over to the ICC.

Senate Hearing Scheduled

A public hearing has been scheduled for Thursday, with invitations extended to key police officials and goverment representatives to provide testimony.

Divergent Views Within the Marcos Family

Imee Marcos has often taken positions independent of her brother, the President. She faces re-election in the May 12 midterm elections under the current administration’s banner. Following Duterte’s arrest, she expressed concern, warning that arresting the “poor president Duterte” could “only lead to trouble.” she later declared, “I cannot accept what they did to [Duterte].”

Malacañang’s Response

Malacañang, the presidential palace, has stated that it will not prevent government officials from participating in the Senate inquiry. Presidential Communications Office (PCO) undersecretary Claire castro addressed the issue, saying, “If that is the desire of the senator, she is free to do that.”

Castro added, “If the inquiry is in aid of legislation we will respect the request of Senator imee,” expressing confidence that relevant agencies “complied with all the requirements with the law regarding the arrest of former president Duterte.”

Regarding a meeting between Interior and Local Government Secretary Jonvic Remulla, National Security adviser Edgardo Año, Defense chief Gilbert Teodoro, and the President to discuss Duterte’s arrest, Castro stated, “There shouldn’t be any criticism if they had a meeting because it was about helping the Interpol. There is nothing wrong with that.”

Roque’s “Kidnapping” Claim

Former presidential spokesman Harry Roque, currently assisting Duterte’s defense in the Hague, characterized Duterte’s arrest and extradition as an act of “kidnapping,” arguing that it violated the Rome Statute’s due process requirements.

Roque raised concerns about the potential legal liability of President Marcos, Año, Teodoro, and Remulla, stating: “It was a kidnapping. According to Article 59 of the Rome Statute, if an accused is to be surrendered to the ICC, he must first be presented to a ‘competent judicial authority’ — a local Filipino judge and court — to validate the warrant, confirm the identity of the accused, and ensure that his rights were upheld during the arrest.”

Counter Argument on Rome Statute Applicability

However, political science professor Antonio Contreras disputes Roque’s interpretation.”The truth is simple: Article 59 applies only when the custodial state — the country where the suspect is arrested — is a state party to the Rome Statute. It does not apply when the suspect is in a nonmember state,” wrote Contreras.

He further explained,”rodrigo Duterte,the former president of the Philippines,is a national of a nonmember state,and he was arrested within the territory of the Philippines,a state that withdrew from the Rome Statute in 2019,thanks to duterte himself,” clarifying that “This means that the Philippines,as a nonmember state,is under no treaty obligation to adhere to Article 59 or any other provisions of the Rome Statute.”

Conclusion

The upcoming Senate investigation into the circumstances surrounding Rodrigo Duterte’s arrest and transfer to the ICC promises to be a pivotal moment in Philippine politics and its relationship with international legal bodies. As the inquiry unfolds, its findings could considerably impact the legal and political landscape. Stay tuned for updates as the Senate hearing progresses and more information becomes available. consider sharing this article to raise awareness about these important developments.