05/04/2025
Goodbye, ICC
Opinion Piece
Atty. Harry Roque
05 April 2025
Many Filipinos have asked me if I felt shocked seeing former President Rodrigo Roa Duterte being brought to The Hague, The Netherlands.
Sad, yes. But shocked, no!
In November 2017, I was designated a peso-a-year Presidential Adviser for Human Rights concurrent with my position as Presidential Spokesperson, where I had been advising fPRRD on matters pertaining to the International Criminal Court (ICC).
I knew this day would come and I even proposed a Communication Plan on the ICC during my time as Spokesperson but the idea was shot down.
I find it rather unfortunate that no one, including fPRRD, had taken me seriously. ICC is something fPRRD and his close legal advisers could not even fathom for it is unthinkable to have an ICC to begin with.
Fastforward 2024. There were loud whispers of the arrival of the International Criminal Court ICC investigators in Manila to investigate the Duterte administration’s war on illegal drugs coincided with the hearings of the House of Representatives Quad Committee (Quadcom).
While commercial mainstream media is silent about the ICC investigators’ secret visit to House Speaker Martin Romualdez and their stay in a posh hotel reportedly owned by a Romualdez minion, social media had been abuzz with these persistent reports, with erstwhile Marcos loyalist vlogger Maharlika even exposing the passports of the ICC investigators.
The ICC investigators’ visit took place at a time when Former President Duterte appeared before the 11th Quadcom hearing, where he famously said and I quote, “The ICC does not scare me a bit. I go to hell, so be it. Ginawa ko para sa bayan, para sa anak natin.”
As a member of the ICC roster of counsel since 2004, I have consistently argued that the ICC lost its authority to probe or prosecute individuals involved in the war on drugs campaign.
The Philippines deposited a notice of withdrawal on March 17,2018. It became official on March 17, 2019. The Court Prosecutor failed to trigger the Court’s jurisdiction before our withdrawal became effective on March 17, 2019.
As contended by two Appellate Chamber judges, the Prosecutor can no longer open a preliminary investigation once the State’s withdrawal officially took effect.
It was only in 2021, or two years after we officially left the Court that the PTC approved the commencement of a preliminary investigation.
Whether he admits it or not, President Marcos Jr. committed a colossal blunder when he shamelessly handed over private citizen Rodrigo Duterte to the International Criminal Court (ICC) in a silver platter.
Here is what has been officially established so far on the March 11 kidnapping of the former President. My reference is the preliminary findings report of the 20 March 2025 Senate Committee on Foreign Relations hearing.
First finding, the Philippines has no legal obligation to arrest the former President and to turn him over to the ICC. There was no Red Notice and what was received was only a Diffusion Notice. Likewise, there was no indication that the ICC even requested for the surrender of fPRRD or a request to extradite the Filipino leader.
The Senate hearing further trashed the argument of the Justice Secretary that while the Philippines is not under the ICC jurisdiction, the individuals themselves are still under the ICC jurisdiction.
International Humanitarian Law (IHL) customary law does not apply. IHL refers to war crimes and fPRRD is accused of committing crimes against humanity, and not war crimes.
Second finding, the Philippine government has decided to collaborate with the ICC to arrest fPRRD. Last Wednesday 02 April 2025, ICC Spokepserson Dr. Fadi El Abdallah categorically said that “the surrender of Mr. Duterte was the decision of Philippine authorities.” Even The New York Time published on 20 March 2025 that the Philippine polic had prepared a secret 80-page plan referred to as “Operation Pursuit” on how to detain fPRRD.
Third finding, there were glaring violations of the rights of FPPRD. There was no warrant issued by a Philippine court or a court order issued mandating that the former President be taken out of the Philippine against his will.
Former President Duterte was also deprived of the right to be visited or have conferences with immediate members of his family. Vice President Inday Sara Duterte, who was the counsel of choice of fPRRD was not allowed to go inside Villamor Sir Base.
FPRRD was also denied to be brought to judicial authorities under Article 59 of the Rome Statute. The Department of Justice was the one which acted as the competent judicial authority.
Having said this, our legal proceedings are an integral part of our sovereignty and jurisdiction. The Constitution vests judicial power in one Supreme Court and lower courts established by law. Jurisdiction allows our government to enact a law (legislative jurisdiction), enforce the law (executive jurisdiction) and penalize those who violate the law (judicial jurisdiction). The State can only share judicial jurisdiction with an alien entity under a treaty. We junked our ICC membership six years ago.
Bad news for the public officials who allowed the ICC to do its bidding have committed culpable violations of the Constitution.
More bad news, too, to the ICC. Hungary, a founding member of the ICC, has decided that it will withdraw from the ICC shortly after Israeli Prime Minister Benjamin Netanyahu arrived in Budapest. Hungarian Prime Minister Viktor Orban, in a news conference, said that the ICC “has been diminished to a political tool and Hungary wishes to play no role in it.” We expect more withdrawals to come soon. Pilipinas lang ang bangag na bangag sa ICC. Goodbye, ICC!
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