Palace says Duterte ICC trial lawful, rejects ‘kidnapping’ claim

Malacañang maintained that the ongoing proceedings against former President Rodrigo Roa Duterte at the International Criminal Court (ICC) in The Hague, Netherlands, are backed by existing law and cannot be described as kidnapping.

Presidential Communications Office Undersecretary Claire Castro made the statement in a television interview on Thursday, reacting to Duterte’s claim that he was abducted with the facilitation of the present administration.

“It seems that his lawyer is a sleeping DDS. Those allegations are being floated by Duterte supporters. We know the meaning of kidnapping. And we have a law, RA 9851, which states under Section 17 that when a case is being heard or investigated in a state or in another international tribunal, the investigation may be dispensed with and the complaint allowed to be heard there,” she said.

Section 17 of Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, allows Philippine authorities to dispense with investigation or prosecution if an international tribunal or foreign court is already handling the case.

Castro said relatives of alleged victims of extrajudicial killings sought help from the ICC because they believed the tribunal would conduct an unbiased investigation.

“It can be recalled that it was President Duterte who said that he would not be arrested or incarcerated, first because he has immunity from suit and due to his old age. He said, ‘I do not care and respect human rights.’ Ikaw ba, kapag narinig mo ’yun na alam mo namang hindi makukulong ang nagpapatay sa kamag-anak mo, dito ka pa ba tatakbo sa Pilipinas? Kaya nga sila doon unang tumakbo sa ICC dahil naramdaman nilang wala silang makukuhang hustisya dito sa Pilipinas at that time,” Castro said.

“And since doon na nililitis ang kaso, ipinauubaya ng ating gobyerno through RA 9851,” she added.

Last year, lawyer Israelito Torreon, counsel for Duterte and Sen. Ronald dela Rosa, filed a 94-page petition for certiorari before the Supreme Court seeking Duterte’s immediate release and asking the government to stop assisting the ICC in its drug war probe.

They also urged the high court to issue a temporary restraining order barring government officials from allowing ICC personnel to enter the country or cooperate with the investigation.

In a letter dated 17 February, Duterte said he understood the consequences of waiving his right to attend the hearing and that he trusts his counsel to challenge the prosecution’s evidence on his behalf.

He added that he does not wish to follow the proceedings remotely, similar to his initial appearance before Pre-Trial Chamber I on 14 March 2025.

Duterte reiterated that he does not recognize the ICC’s jurisdiction over him, claiming his transfer to The Hague violated the Philippine Constitution and national sovereignty.

“I am a Filipino citizen forcibly pushed into a jet and rendered to The Hague in the Netherlands in flagrant contravention of my country’s Constitution and of national sovereignty,” he said.

He also alleged that his “kidnapping was facilitated by the office of the incumbent President of the Philippines, using a plane specially chartered for the purpose.”

Duterte further rejected allegations that he oversaw a policy of extrajudicial killings, calling the claim “an outrageous lie.”

As his final reason for waiving attendance, Duterte cited his age and health.

“I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail,” he wrote.

The confirmation of charges hearing, set on 23 February, will determine whether the case linking Duterte to alleged crimes against humanity committed during his anti-drug campaign will proceed to trial.