Malacañang on Thursday said the trial of former President Rodrigo Duterte at the International Criminal Court (ICC) is supported by Philippine law and his rendition to The Hague could not be considered a kidnapping.

Presidential Communications Office Undersecretary Claire Castro dismissed Duterte’s claim that his transfer was an abduction facilitated by the current administration.

Castro cited Republic Act 9851 which allows Philippine authorities to defer an investigation or prosecution when a case is being heard by an international tribunal.

She said the families of the victims of the extrajudicial killings turned to the ICC because they believed it would conduct an impartial investigation.

Castro added that Duterte had previously made statements downplaying human rights concerns and expressing confidence that he would not be jailed due to presidential immunity and his age, discouraging the victims from seeking justice locally.

Duterte, in a letter to the ICC dated 17 February, said he does not recognize its jurisdiction and claimed his transfer violated the Philippine Constitution and the national sovereignty. 

He also denied overseeing a policy of extrajudicial killings and cited his age and health in declining to attend the court proceedings.

The ICC will hold the confirmation of charges hearing on 23 February to determine if the case should proceed to trial.