Palace: Duterte’s ICC turnover lawful

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February 20, 2026 | 12:00am

MANILA, Philippines —  The Philippine government’s decision to turn over former president Rodrigo Duterte to the International Criminal Court (ICC) was lawful, Malacañang maintained yesterday, after the erstwhile chief executive claimed he was sent to The Hague “in flagrant contravention” of the Constitution and national sovereignty.

Presidential Communications Undersecretary Claire Castro said Section 17 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity states that relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under the law if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.

The law also states that authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another state pursuant to the applicable extradition laws and treaties.

“It was undertaken and that was the way of the government to attain justice for those who complained or even for the accused,” Castro said.

Although the Philippines no longer recognizes the jurisdiction of the ICC, the court has jurisdiction over actions that took place while the country was still its member, the Palace press officer added.

“We cannot avoid that because this administration has a residual obligation,” Castro said.

The Philippines ratified the Rome Statute, the treaty that created the ICC, in 2011. Duterte withdrew the country from the statute in 2018 after the ICC had announced a plan to launch an investigation into his drug war.

Duterte has waived his right to appear during the hearing on the confirmation of his charges next week, insisting that the ICC has no jurisdiction over him.

Meanwhile, the Senate minority bloc has filed a resolution urging their colleagues to support their call for the protection of all Filipinos against extraordinary rendition or surrender to a foreign court, as two of their colleagues, Sens. Ronald dela Rosa and Bong Go, face looming arrest warrants from the ICC.

No decision yet

Pre-trial judges of the ICC have yet to formally rule on the request of Duterte to waive his right to attend his confirmation of charges hearing next week.

Under ICC’s Rules of Proceedings and Evidence, a confirmation hearing “shall only be held when the Pre-Trial Chamber is satisfied that the person concerned understands the right to be present at the hearing and the consequences of waiving this right.”

The Department of Justice cannot just perform a full-blown probe into its former secretary Vitaliano Aguirre II’s alleged role in Duterte’s drug war without a criminal charge or complaint filed against him, DOJ spokesman Raphael Niccolo Martinez said yesterday.

Aguirre was named as among Duterte’s eight “co-perpetrators.” –  Marc Jayson Cayabyab, Janvic Mateo, Ghio Ong