OSG: Duterte surrender to ICC was lawful

By Erika Mae P. Sinaking

THE Philippine government lawfully arrested and surrendered former President Rodrigo R. Duterte to the International Criminal Court (ICC) in compliance with both international and domestic laws, the Office of the Solicitor General (OSG) said.

In a statement dated Feb. 17, Solicitor General Darlene Marie B. Berberabe said the OSG told the Supreme Court of the Philippines that Mr. Duterte’s 2025 transfer to The Hague was a valid exercise of executive power.

“The OSG maintained that the government acted in accordance with both international law and Section 17 of Republic Act No. 9851,” Ms. Berberabe said, referring to the Philippine law on crimes against international humanitarian law, genocide and other crimes against humanity.

“It stressed that the legal requirements for surrender of the former President were met, namely: another court or international tribunal is conducting the investigation or prosecution; surrender is in the interest of justice; and surrender complies with applicable laws and treaties,” she added.

The OSG was responding to a 2025 petition filed by Mr. Duterte and Senator Ronald M. dela Rosa, along with habeas corpus petitions filed by the former president’s children after his arrest at the Ninoy Aquino International Airport.

In a supplemental memorandum in January, the OSG urged the court to dismiss the petitions, arguing that because Mr. Duterte is in the Netherlands, any Philippine court order would have no “extraterritorial effect.”

Separately, the OSG asked the high court to reject a plea by Mr. dela Rosa to block a potential ICC warrant against him.

“The OSG further noted that Senator dela Rosa failed to show the existence of any ICC arrest warrant against him, much less any imminent government action to enforce one,” the solicitor general said.

The OSG added that “absent a concrete governmental act” affecting the senator’s rights, there is no due process violation that would justify a temporary restraining order or injunction.

Mr. dela Rosa, recently identified as a “co-perpetrator” in an ICC charge sheet, has been absent from the Senate after Ombudsman Jesus Crispin C. Remulla spoke of a possible arrest warrant tied to his role in the Duterte administration’s anti-drug campaign.

The OSG’s affirmation comes days before the ICC’s Pre-Trial Chamber I is set to begin a confirmation of charges hearing on Feb. 23 to determine whether the crimes against humanity case will proceed to trial.