Palace insists Duterte’s ICC transfer lawful amid ‘kidnapping’ claim

MANILA, Philippines — Malacañang on Thursday maintained that the arrest and turnover of former President Rodrigo Duterte to the International Criminal Court (ICC) in The Hague, Netherlands, were lawful, following renewed claims that he was “kidnapped” when he was brought to the international tribunal.

Duterte made these claims through his letter waiving his right to appear—whether in person or via video—before his confirmation of charges hearing next week, as he refused to recognize the jurisdiction of the Hague-based court over him.

READ: Duterte to skip ICC hearing, refuses to recognize its jurisdiction

“Sending former President Duterte to the ICC or The Hague is in accordance with the law. Republic Act (RA) 9851 clearly states in Section 17 that when a case or complaint is already being heard in a state or international tribunal or court, the government may dispense with any investigation on its part and allow the investigation to proceed in the said state or international tribunal,” Palace Press Officer Claire Castro explained during a Palace briefing.

She added that the government’s actions were intended to achieve justice for those who filed the complaints and the accused.

Castro also defended the use of taxpayer funds for the jet that transported Duterte to the Netherlands.

READ: President’s office paid for plane that took Duterte to The Hague – Remulla

“If taxpayers’ money is used here, this is still in accordance with the law because this government is merely performing its official duties. Aside from what we call cooperating, with Interpol and enforcing the law under RA 9851, this administration also has a residual obligation to implement what was previously agreed upon when we were still members of the ICC or the Rome Statute,” she said.

Castro further clarified President Ferdinand Marcos Jr.’s previous statements that he does not recognize ICC warrants, as the Philippines is no longer a member of the Rome Statute, the founding treaty of the ICC.

“To my knowledge and understanding of the President’s previous statements, he does not recognize the jurisdiction of the ICC, except if there are other legal options or, rather, a legal study on the matter. That is what I last recall,” she explained.

In an interview in January 2024, Marcos said that the government would not assist in the ICC’s investigation into the bloody war on drugs.

“Let me say this for the 100th time. I do not recognize the jurisdiction of ICC in the Philippines. I do not. I consider it as a threat to our sovereignty. The Philippine government will not lift a finger to help any investigation that the ICC conducts,” Marcos said at that time.

He further said, “We don’t recognize your [ICC] jurisdiction. Therefore, we will not assist in any way, shape, or form, any of the investigations ICC is doing here in the Philippines.”

The following month, Marcos reiterated that there was no chance he would change his mind about allowing the international court to conduct a probe into the country’s war on drugs.

Duterte to skip ICC hearing

Meanwhile, Nicholas Kaufman, lawyer of Duterte, relayed to Pre-Trial Chamber I the former president’s written request to skip the confirmation of charges hearing beginning Feb. 23.

READ: Rodrigo Duterte skipping ICC hearing shows he is of sound mind – De Lima

“I, Rodrigo Roa Duterte, wish to waive my right to attend the hearing on the confirmation of charges currently fixed for 23-27 February 2026. I understand the consequences of my waiving this right which has been thoroughly explained to me by my counsel and I trust him and his team to challenge the sufficiency of the prosecution’s evidence on my behalf,” the letter read.

“I do not wish to follow these proceedings from outside the courtroom through the use of communications technology. An original copy of this waiver and my signature is in the hands of my lawyers,” he continued.

Duterte claimed he was “forcibly pushed” into a jet and that his “kidnapping” was facilitated by the office of the incumbent President of the Philippines./dp