Former Chief Presidential Legal Counsel Salvador Panelo has strongly condemned the arrest of former President Rodrigo Duterte, calling it “unlawful” and alleging that the International Criminal Court (ICC) warrant used for his apprehension was “fake.”

In an interview on dzBB on Thursday, Panelo criticized the Philippine National Police (PNP) for allegedly depriving Duterte of legal representation at the time of his arrest. He asserted that authorities failed to present a hard copy of the warrant, violating due process.

“Because when you arrest someone, you should immediately show them the warrant of arrest, but they didn’t do that,” Panelo said in English and Filipino, emphasizing what he believes were procedural lapses.

Panelo further questioned the legitimacy of the warrant itself, insisting that the ICC has no jurisdiction over the Philippines following the country’s withdrawal from the tribunal in 2019.

“That warrant of arrest is fake because it comes from a fake, spurious institution that has no jurisdiction over our country,” he claimed.

The former presidential legal counsel argued that even if the ICC had valid authority, the enforcement of its warrant should have followed legal protocols under Philippine law, which he asserts were ignored.

“Even if we assume the warrant isn’t fake and that the ICC has jurisdiction, you can’t just enforce a warrant of arrest that easily,” he said.

According to the ICC’s official website, the Philippines formally withdrew from the Rome Statute on 17 March 2018, under the Duterte administration. As per Article 127 of the Statute, the withdrawal took effect on 17 March 2019.

This means that despite the Philippines' official withdrawal from the ICC in 2019, the case remains valid and can proceed since the investigation was initiated while the country was still a State Party to the Rome Statute.

Panelo’s law office has since filed a petition for habeas corpus before the Supreme Court on behalf of Duterte’s daughter, Veronica “Kitty” Duterte. The petition demands the immediate return of the former president, who was flown to The Hague on Tuesday night.

Panelo emphasized that the petition is not directed at the ICC but rather at the Philippine government, which he claims violated the country’s legal safeguards on extradition.

“We’re not telling the ICC to do anything. The wrongdoing was committed by the government, that’s why we filed a case against them. It was the government that did it,” he stressed.

The petition contends that the government disregarded provisions under Presidential Decree No. 1069 (Philippine Extradition Law), which mandates that any extradition request must undergo judicial review. Kitty Duterte argues that her father was denied the legal right to challenge his arrest in Philippine courts.

ICC on Duterte's arrest

Meanwhile, the ICC Office of the Prosecutor Karim A.A. Khan KC has confirmed the arrest and transfer Duterte, alleging that Duterte, as the founder and head of the Davao Death Squad, is criminally responsible for murder under Article 7(1)(a) of the Rome Statute. The alleged crimes occurred between 1 November 2011, and 16 March 2019, as part of a widespread and systematic attack against civilians.

Duterte will remain in custody at the ICC Detention Center in The Hague as he awaits his initial court appearance, which is expected to take place in the coming days.