Justice Secretary Jesus Crispin Remulla declined to answer senators’ questions about their course of action if the International Criminal Court (ICC) issues another arrest warrant.
Remulla expressed reluctance to answer as the Supreme Court’s (SC) has not yet ruled on the pending petitions related to the legality of the ICC’s arrest of former President Rodrigo Duterte.
At the Senate Committee on Foreign Relations hearing, Remulla maintained that Duterte’s arrest was lawful, contrary to Senators Imee Marcos, Bong Go, and dela Rosa’s claims that it was unlawful. The senators argued that Duterte’s arrest should have been handled by local courts first and not immediately transferred to The Hague, Netherlands.
Remulla stated that they made a judgment call in the best interest of the country, fulfilling its commitment to the International Police Organization (Interpol).
He added that since the Philippine Government had withdrawn from the ICC during the Duterte era, they didn’t need to follow the extradition process; instead, they followed the surrender process.
Former Supreme Court Associate Justice Adolfo Azcuna countered that Duterte’s surrender to the ICC is unlawful, citing the Rome Statute, which requires that the former president be brought before a local court first.
However, Azcuna noted that the ICC operates under the principle of “Male captus bene detentus,” meaning an arrest may be unlawful, but imprisonment can be lawful due to the severity of the offense.
Ultimately, Azcuna said the Supreme Court must determine whether the so-called extrajudicial rendition can be considered lawful in the Philippines.
Duterte has been detained in the ICC detention center for almost a month after an arrest warrant was issued against him for the crimes against humanity cases.
Government data show that more than 6,000 people died during Duterte’s drug war while human rights advocates claimed the number reached up to 30,000.
(Screen grab, Senate of the Philippines)
Abner is an award-winning journalist. He received the prestigious 2015 Titus Brandsma Award for Community Communication in the Philippines and participated in the 2016 International Visitor Leadership Program (IVLP) of the United States of America, sponsored by the US Embassy in the Philippines. Founder of WATCH NORTH COTABATO, a media-citizens’ transparency group. He worked as a correspondent for the Philippine Daily Inquirer and CNN Philippines. His experience in broadcasting includes anchoring for Brigada News FM in Kidapawan and General Santos City and Brigada News TV. He anchors Tira Brigada via 105.1 Brigada News FM Manila, Mondays-Saturdays.