The recent surrender of former President Rodrigo Duterte to the International Criminal Court (ICC) was valid and lawful, according to ICC-accredited lawyer and international expert Joel Butuyan, who cited a 2015 ICC ruling as a precedent.
Butuyan referred to the Ongwen case, where the ICC determined that arresting countries are not strictly required to follow Article 59 procedures of the Rome Statute, as long as the fundamental rights of the accused are upheld.
“The argument that it was a warrantless arrest is inaccurate because an international court issued a valid warrant,” Butuyan said. “Even an e-warrant, which is acceptable under both Philippine law and ICC procedures, was used,” he added.
His remarks came after Vice President Sara Duterte questioned the legality of her father’s surrender, arguing that a local court order was necessary.
Butuyan explained that Republic Act 9851, which mirrors the Rome Statute, grants the Philippine government discretion to surrender suspects directly to the ICC without the need for a domestic court order.
“Article 17 of RA 9851 allows for the direct surrender of a suspect if a valid warrant exists,” he said. “Furthermore, Article 59 simply requires verification of the accused’s identity and ensures their rights are respected.”
Butuyan also dismissed claims that the surrender constituted extraordinary rendition—an unlawful practice of transferring suspects without legal proceedings.
He clarified that Duterte’s arrest followed established legal procedures, with his rights protected throughout the process.
Concerns about the role of Interpol were also addressed, particularly regarding the use of a “wanted person diffusion” instead of a red notice. Butuyan maintained that the difference in terminology was inconsequential.
“Interpol’s primary function is coordination. The essential factor is the validity of the warrant, not the specific format in which it was transmitted,” he said.
The legal community remains divided, with some endorsing the government’s decision while others call for further scrutiny.
However, Butuyan emphasized that the ICC’s guidelines were followed, reinforcing the legitimacy of Duterte’s surrender.