House Arrest for Duterte Hinges on ICC Membership
NASUGBU, Batangas — Former President Rodrigo Duterte’s possibility of house arrest depends entirely on whether the Philippine government remains a member of the Rome Statute that established the International Criminal Court (ICC). A lawmaker emphasized this point on Friday, highlighting the importance of the country’s ICC membership.
Bicol Saro party-list Representative Terry Ridon reminded Senator Alan Peter Cayetano, who authored a Senate resolution urging the Philippine government to seek Duterte’s provisional release from the ICC, that such negotiations are only feasible for member-states. “Negotiations can only be done if a country is a member-state,” Ridon stressed.
Duterte’s administration officially withdrew from the Rome Statute in March 2018. As a result, the Philippines ceased to be part of the ICC a year later. Despite this, the court retained jurisdiction over crimes allegedly committed before the withdrawal, which led to Duterte’s arrest warrant.
“Non-party states, such as the Philippines, are under no obligation to cooperate with the International Criminal Court, including matters relating to the interim release of detained persons,” Ridon explained. He added, “The obligation to cooperate with the ICC ceased on 17 March 2019, one year after the pronouncement of former President Rodrigo Duterte that the Philippines is withdrawing from the Rome Statute.”
He further clarified that if the Duterte government had stayed within the Rome Statute, an interim release or house arrest in a Philippine facility abroad might have been possible. “This is not a possibility today as a result of the former President’s decision to withdraw from the ICC,” Ridon stated.
Ridon also reminded Cayetano that as Duterte’s former Foreign Affairs secretary, he once defended the pullout as a “principled stand against those who politicize and weaponize human rights.”
Senators Express Similar Views on ICC Membership
ACT Teachers party-list Representative Antonio Tinio echoed Ridon’s stance. He criticized Cayetano’s resolution as a political move aimed at appeasing Duterte’s supporters even though the proposal is legally unfeasible.
“Yet another senator playing to the gallery, telling Duterte supporters what they want to hear to rally the faithful and keep them agitated,” Tinio said. He pointed out that detaining Duterte in the Philippine embassy in The Hague is impossible since the ICC only considers interim release to member states.
“Too bad for him now, since Duterte himself caused the Philippines to withdraw from the ICC. Or does the senator expect special treatment for Duterte from the ICC? In which case it’s not going to happen,” Tinio added.
In his resolution, Cayetano proposed that the ICC’s Pre-Trial Chamber could arrange a modified form of house arrest. This might include restrictions such as limited movement, staying at a fixed address, no contact with victims or witnesses, and complying with summons.
Cayetano cited Duterte’s “deteriorating health attributed to old age and prolonged isolation” during detention, warning it could severely affect his emotional and physical well-being.
Meanwhile, Senator Robinhood Padilla, along with allies Senators Christopher “Bong” Go and Ronald “Bato” dela Rosa, has drafted a resolution urging the government to facilitate Duterte’s return. However, former Senator and current Mamamayang Liberal party-list Representative Leila de Lima dismissed this as political posturing, stating the government has no authority to order Duterte’s repatriation.
Background on Duterte’s ICC Case and Drug War Controversies
On March 11, after returning from Hong Kong, Duterte was prevented from leaving Ninoy Aquino International Airport Terminal 3. Local authorities assisted the International Criminal Police Organization in enforcing the ICC’s arrest warrant against him.
The warrant stems from allegations of crimes against humanity, specifically mass murder linked to Duterte’s aggressive drug war campaign. While many praised Duterte for taking a strong stance against illegal drugs, human rights advocates raised early concerns about violations during operations.
Post-administration, multiple investigations have focused on the drug war, especially allegations of extrajudicial killings during police operations such as Oplan Tokhang. This program, a blend of Visayan words meaning “knock” and “plead,” was initiated by Duterte’s close ally and former Philippine National Police chief Ronald dela Rosa.
Although Oplan Tokhang aimed to encourage voluntary surrender by knocking on doors, several innocent people were killed during these operations. Notably, in August 2017, 17-year-old Kian delos Santos was shot at close range in Caloocan City despite not being the original target. Footage showed him pleading for his life before he was killed.
For more news and updates on Duterte ICC membership, visit Filipinokami.com.
