The Makabayan Bloc in Congress has filed a measure opposing the bid of former President Rodrigo Duterte for interim release or repatriation from his detention in The Hague, Netherlands.
Meanwhile, Malacanang said President Marcos has not decided on whether or not the Philippines will rejoin the International Criminal Court (ICC), despite survey results showing that majority of Filipinos favor the move.
In House Resolution 9, the bloc’s members, party-list Reps. Antonio Tinio of ACT Teachers and Renee Co of Kabataan said; “The House of Representatives, as the duly elected representatives of the Filipino people, must stand in solidarity with victims of human rights violations especially those committed by actors of the State itself, in the pursuit of justice and accountability, the basic tenets of a democratic and humane society.”
The lawmakers also invoked Article 127, Paragraph 2 of the Rome Statute which provides that “[A State Party’s] withdrawal will not affect any cooperation with the [ICC[ Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective.”
The Philippines withdrew from the Rome Statute in March 2018, but the withdrawal took effect a year later in March 2019.
Tinio and Co also stressed that Duterte was detained for alleged violation of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which mandates that “in the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”
They said RA 9851 also stated that the 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.”
The also cited the Supreme Court decision in the Pangilinan v. Cayetano case in 2021 which read “the International Criminal Court retains jurisdiction over any and all acts committed by government actors until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date.”
“Most notable of the reasons for Mr. Duterte’s continued detention is the false narrative purveyed by his family, allies, and supporters that he was “kidnapped” or “abducted”, thus attempting to discredit the grounds and process of his arrest in the first place,” the lawmakers said.
Duterte has been held at the ICC detention facility in Scheveningen, The Hague, since March, facing charges of crimes against humanity over an anti-drug campaign that allegedly left thousands dead.
His legal team filed a motion on June 12 seeking temporary release to an undisclosed country, citing humanitarian concerns and insisting the 80-year-old posed no flight risk.
Meanwhile, Presidential Communications Office Undersecretary Claire Castro said the issue on rejoining the ICC has yet to be formally discussed by the President, but gave assurance that public sentiments are being heard.
A recent survey conducted by OCTA Research revealed that majority of the respondents support the country’s return to the ICC, from which the Philippines officially withdrew in 2019 during the Duterte administration amid an inquiry into drug war-related killings.
When asked whether the survey results could influence President Marcos’ openness to rejoining the court or create pressure on the government, Castro said it remains to be seen.
“Let’s just wait and see in the coming days what the President’s stance will be regarding the possibility of rejoining the ICC,” she said.
The ICC has continued to investigate alleged crimes against humanity linked to the previous administration’s anti-drugs campaign, prompting continued debate over whether the Philippines should renew its membership in the Hague-based tribunal.
