Due process must be followed in Duterte’s ICC case - Palace

Metro Manila, Philippines - Malacañang on Friday said the Marcos administration will not interfere in the International Criminal Court’s (ICC) proceedings against former President Rodrigo Duterte, stressing that the legal process must be allowed to run its course.

“Kung ang depensa nila ay walang jurisdiction ang ICC, then that’s part of due process. Let them be,” said Communications Undersecretary Claire Castro in a press briefing.

[Translation: If their defense is that the ICC has no jurisdiction, then that’s part of due process. Let them be]

The Palace’s response comes a day after Duterte’s legal team formally asked the ICC to drop the case against the former president, citing lack of jurisdiction and calling for all proceedings to be nullified.

In their May 1 submission before the Pre-Trial Chamber, defense lawyers Nicholas Kaufman and Dov Jacobs said the Philippines was no longer a State Party to the Rome Statute when the ICC authorized the probe in 2021.

Castro declined to comment on a reported letter from President Ferdinand Marcos Jr., which Duterte’s lawyers cited as evidence of non-cooperation. But she emphasized that regardless of whether a letter exists, the administration has made its position clear.

“Ang letter po ba ay sinasabing hindi makikialam ang Marcos administration sa gagawin ng ICC? Kahit siguro po walang letter, hindi naman po talaga tayo makikialam kung ano po ang magiging mandato ng ICC,” she said.

[Translation: Does the letter say the Marcos administration won’t interfere with the ICC? Even without such a letter, we truly won’t interfere with the ICC’s mandate]

When asked whether the government is concerned that this stance might undermine the case, Castro said the Palace has consistently asserted that the ICC has no authority over the Philippines.

“It has been said many times—na hindi naman po tayo nakikipag-cooperate sa ICC. At dahil nga po, as of now, wala pa pong jurisdiction ang ICC sa bansang Pilipinas,” she said.

[It has been said many times—we are not cooperating with the ICC. And as of now, the ICC does not have jurisdiction over the Philippines]

In their submission, Duterte’s lawyers argued that all ICC actions starting from its 2021 authorization to investigate alleged crimes against humanity should be voided. They also questioned the legitimacy of the decision-making process, noting that neither the current nor former Prosecutor consulted the ICC’s special advisers.

They cited an exchange of letters in which President Marcos allegedly gave a written assurance that his administration would not “assist the ICC, in any way, shape or form.”

Duterte’s defense concluded that “the preconditions for the exercise of jurisdiction under Article 12 in the Situation of the Philippines were not met,” and asked for all procedural steps in the case to be nullified.

The former president surrendered to ICC custody on March 11, following the issuance of an arrest warrant for alleged crimes against humanity for murder.

The charges stem from killings linked to the so-called Davao Death Squad during his time as Davao City mayor and the early years of his presidency.

The Philippines withdrew from the Rome Statute in 2019, a year after the ICC began its preliminary examination into Duterte’s drug war. Since then, the Marcos administration has consistently maintained that the country is no longer under the ICC’s jurisdiction.