ICC says it doubts Duterte would cooperate with a summons

MALAYBALAY CITY (MindaNews / 12 March) — The Pre-Trial Chamber 1 of the International Criminal Court that issued the warrant of arrest for former Philippine President Rodrigo Duterte said it did not expect the former leader to cooperate with a summons to appear before the Court.

Former President Rodrigo Duterte at the Villamor Airbase questioning his arrest upon arrival from Hong Kong on Tuesday (11 March 2025). Screengrab from Kitty Duterte’s Facebook page

In the warrant dated March 7 and served on Duterte on March 11 in Manila by police authorities, the Chamber said that after evaluating the information submitted by the Prosecution, it “observes that Mr Duterte, even though no longer the President of the Philippines, appears to continue to wield considerable power.”

“Mindful of the resultant risk of interference with the investigations and the security of witnesses and victims, the Chamber is satisfied that the arrest of Mr Duterte is necessary within the meaning of article 58(1)(b)(i) of the Statute to ensure his appearance before the Court,” the warrant adds.

Article 58(1)(b)(i) states: “At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that the arrest of the person appears necessary to ensure the person’s appearance at trial.”

“The Chamber is satisfied that the incidents described in the Application amount to crimes against humanity that have allegedly been committed by Mr Duterte, a national of the Philippines,” the warrant states.

The prosecution applied for the arrest warrant on February 10 for Duterte as an alleged indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute.

Article 25(3)(a) states: “In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible.”

In the warrant, the ICC cites that it retains jurisdiction for alleged crimes that happened in the Philippines when it was still a State Party to the Statute.

Duterte, who is being accused of the crime of humanity of murder before the ICC, was flown to The Netherlands via Dubai Tuesday night. The ICC is based in The Hague where it also maintains a detention center for individuals being tried before it. (H. Marcos C. Mordeno / MindaNews)