Boying: Hague warrant must go through local courts

Justice Secretary Jesus Crispin “Boying” Remulla, addressing lawmakers’ questions in 2024 during the deliberations on the Department of Justice budget, said in no uncertain terms that foreign entities, including the International Criminal Court (ICC) and the International Criminal Police Organization (Interpol), could not simply enter the Philippines and have their orders carried out directly.

An ICC warrant — such as the one supposedly used by the government on 11 March to arrest former President Rodrigo Duterte and fly him out of the country against his will to face charges at The Hague — must first be brought before local courts which will determine its validity, Remulla said.

Duterte’s camp has maintained that the former president was “kidnapped” by the government and turned over to the ICC in violation of both Philippine laws and the ICC’s own Section 59 rule.

Here was Remulla’s statement:

“When it comes to them entering the country, kung gusto nilang pumasok dito upang manghuli at magsagawa (sic: magpatupad) ng warrant... kailangan itong dumaan sa ating court system.” (When it comes to them entering the country, if they want to come here to make arrests and enforce a warrant… this must go through our court system.)

“To enforce a warrant, (or an) action to enforce a judgment, kailangan na dumaan yan sa ating court system.” (To enforce a warrant or an action to enforce a judgment, it must first go through our court system.)

“Sabihin natin na nag-issue ng warrant of arrest ang ICC (at) gusto i-enforce ng Interpol dito. Para ito’y matuloy at hindi magkaroon ng kasuhan, kinakailangan pumunta muna sila sa korte natin.” (Let’s say the ICC issues a warrant of arrest and Interpol wants to enforce it here. For this to proceed and avoid legal complications, they must first bring it before our courts.)