Despite the Philippine government’s official position of non-cooperation with the International Criminal Court (ICC), Justice Secretary Jesus Crispin Remulla has confirmed the Department of Justice (DoJ) is extending assistance to potential witnesses who will testify before the tribunal.

In a media interview, Remulla revealed the ICC had requested the Philippines to help ensure the safety of individuals who may testify against former President Rodrigo Duterte by placing them in the government’s Witness Protection Program (WPP).

“Well, there is official word that they (ICC) have gone to our Witness Protection Program to secure the people who may be needed to testify in The Hague,” Remulla said.

“And so we have given our support and cooperation as this request is well-founded based on the necessity to bring the witnesses safely to The Hague to testify,” he added.

Remulla, however, clarified the government’s assistance would be strictly limited to witness protection and logistical support, particularly for indigent individuals.

“Only the witnesses, because those witnesses, they really don’t have much in life. Many of them have nothing, really nothing,” he said. “So they’re the only ones we’ll help.”

President Ferdinand Marcos Jr. has repeatedly declared that the Philippines will not cooperate with the ICC’s investigation, emphasizing that the country is no longer a member of the international tribunal.

“We are no longer a member of the ICC and, therefore, we do not recognize its jurisdiction,” Marcos had said on multiple occasions.

Experts divided

Despite this, the latest development signals a limited form of engagement — focused solely on a humanitarian concern for the witnesses who lack the resources to participate in international proceedings on their own.

Legal experts are divided on the implications of this form of assistance to the ICC. Some see it as a practical compromise that allows the Philippines to uphold basic human rights without formally rejoining or endorsing the ICC’s jurisdiction. Others argue that it may open the door to further cooperation down the line.

The ICC continues to investigate the alleged crimes against humanity committed during the Duterte administration’s bloody anti-drug war, which had drawn widespread criticism from international human rights groups.

As it stands, the Philippines remains officially withdrawn from the Rome Statute, the treaty that established the ICC, but this move by the DoJ adds a nuanced layer to the country’s stance — one that supports protection for witnesses, while maintaining a distance from the court’s proceedings.

Interim release opposed

Meanwhile, Remulla expressed strong opposition to the possible interim release of Duterte, saying it would “do more harm than good” and delay justice for the victims of his drug war.

“We don’t think it’s appropriate for us to support that idea,” another official who requested anonymity said. “The case should be heard as soon as possible. Granting him an interim release will only complicate the situation.”

The official said that bringing Duterte to the ICC was already a difficult process, and allowing his release — especially outside the Netherlands — could risk the court losing jurisdiction over him.

“The court knows what it took to bring him to The Hague. It’s not going to be easy to get him back once custody is lost,” the official added.

On the defense’s assurance that Duterte would not “continue to commit crimes” if released, the official cautioned that such language may have unintended implications.

“As a lawyer, I try to be careful with words,” the official said. “When they say he won’t ‘continue to commit crimes,’ that might be telling in itself. Maybe it was a slip, or maybe it wasn’t.”

For now, the official said, the focus should be on the proceedings and those who were affected by Duterte’s drug war.

“We owe it to the families who lost loved ones. Many of them have waited years for justice. The best thing we can do is let the trial move forward and let justice take its course — without delay and without distraction,” the official added.

Release in South America?

Should Duterte be granted an interim release, Remulla said it is possible he may be brought to South America.

“Because as far as I know, when they relocate people, they send them to South America,” he said.

On Monday, ICC Deputy Prosecutor Mame Mandiaye Niang submitted a 15-page filing opposing Duterte’s request for an interim release ahead of his pre-trial hearing in September.

Niang warned that Duterte may flee, citing his refusal to cooperate and his camp’s claim that he was “kidnapped” by the court.

“A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape,” Niang said.

Duterte’s lawyer, Nicholas Kaufman, earlier assured the ICC that Duterte was not a flight risk and that a foreign country was ready to host him if he was granted a temporary release.

But the prosecution raised concerns that Duterte’s family — including Vice President Sara Duterte and his political allies — could influence witnesses and obstruct the proceedings. They also cited a report that said Duterte vowed to double the killings if he returned as Davao mayor — an office he recently won.

The 80-year-old Duterte, arrested in March in Manila, is detained at the ICC’s Scheveningen facility in The Hague. He faces a charge of crimes against humanity linked to thousands of drug-related killings between 2011 and 2019 during his terms as Davao City mayor and Philippine president.