President Ferdinand Marcos Jr. has the final say on the service of arrest warrants issued by the International Criminal Court (ICC) on Filipinos, the Department of Justice (DoJ) said Monday.
This follows reports the ICC has issued an arrest warrant for former President Rodrigo Duterte, who faces charges for crimes against humanity related to the alleged killings during his administration’s anti-drug war.
DoJ Assistant Secretary Jose Dominic F. Clavano IV said the DoJ had briefed Marcos on the pros and cons of complying with an ICC warrant issued through Interpol (International Criminal Police Organization).
“It is up to the President to interpret that and decide what’s best for our country,” Clavano said.
The government, he added, is prepared to process a red notice from Interpol if one is issued in connection with the ICC arrest warrant but he clarified that no such notice has been received.
“As of today, we have not received any notice of any warrant issued by the ICC,” Clavano said.
He recalled that the Philippines withdrew from the Rome Statute, which established the ICC, with the withdrawal taking effect in 2019 following the instructions of then President Duterte in 2018.
Malacañang said there have not been any communications or documents received regarding an arrest warrant or Interpol red notice for Duterte.
Press Officer Undersecretary Claire Castro said both the Palace and the DoJ have seen no such notice on record.
As of Monday, the ICC Office of the Prosecutor (OTP) has not confirmed reports of an arrest warrant issued for Duterte by Interpol.
National Union of People’s Lawyers-National Capital Region Secretary General Kristina Conti pointed out that ICC arrest warrants are confidential and can only be unsealed with an official announcement.
Solicitor General Menardo Guevarra also said no such notice has been received.
The ICC OTP emphasized that it does not comment on ongoing investigations but acknowledged a pending investigation into alleged crimes committed in the Philippines between 2011 and 2019 as part of the “War on Drugs” campaign.
Castro explained that since the Philippines is no longer a member of the ICC, verifying an arrest warrant may take longer, and the ICC could find alternative ways to serve it.
In response to the circulating reports, Presidential Communications Office Secretary Jay Ruiz stated that the government is prepared for any situation.
Castro added that Duterte had previously expressed his willingness to face the ICC.
Duterte’s recent unannounced trip to Hong Kong, where he attended an event with overseas Filipino workers, sparked speculation he would try to evade arrest.
However, Malacañang dismissed these claims, stating that there was no evidence suggesting he was attempting to flee. Castro recalled that Duterte had challenged the ICC to investigate him and he said he would face the consequences.
Should an arrest warrant be issued, the Palace acknowledged that coordination with Hong Kong would be required, as it is not a member of Interpol, if the Red Notice is served there.
Meanwhile, the Police Regional Office in Davao Region (PRO-13) denied the increased police presence at Francisco Bangoy International Airport (Davao International Airport) was related to Duterte’s potential arrest.
PRO-13 spokesperson PMaj. Catherine dela Rey clarified that the heightened visibility was a standard security measure and part of a routine simulation exercise (Simex) conducted by the Philippine National Police’s Regional Mobile Force Battalion 11 (RMFB 11) in preparation for the 2025 midterm elections.
Castro explained that since the Philippines is no longer a member of the ICC, verifying an arrest warrant may take longer, and the ICC could find alternative ways to serve it.
“RMFB11 conducted a simulation exercise related to the upcoming national and local elections. It’s a regular Simex, not related to any specific issues,” Dela Rey said. She said the PNP-RMFB regularly conducts operational response drills, especially since the unit is stationed at the airport.
“It’s a regular operational response from RMFB because RMFB 11 is deployed at the airport. RMFB 11 has been deployed at Davao International Airport for some time,” she added.
Dela Rey further clarified that the increased police visibility was not unusual, as these exercises were part of the PNP’s regular security preparations in the country’s major entry points, particularly with the upcoming elections.
Meanwhile, PNP Public Information chief P/Col. Randulf Tuaño said the police are ready for any unexpected situations that may arise from Duterte’s ICC case. He added there have been no orders from PNP headquarters regarding Duterte’s potential arrest, but the police are prepared for any eventuality.
“The PNP is prepared for any eventuality,” Tuaño said, stressing that the PNP was alert to any development but would await further instructions from the President.
A red notice is a request Interpol sends to law enforcement agencies worldwide to locate and provisionally arrest a person facing an arrest warrant or court order. It is not an international arrest warrant but a request for provisional arrest pending extradition and other legal procedures.
Despite media speculation of Duterte’s impending arrest, the government continues to assert that no formal request has been received from Interpol or the ICC. The situation remains fluid, and it is uncertain whether further legal action will be taken by the government or international bodies in connection with the charges against Duterte.