EDITORIAL

Abject surrender

DT

It seems that the nation has been taken for a contemptuous ride about the circumstances regarding the hustling of former President Rodrigo Duterte to the International Criminal Court (ICC) on the strength of the tribunal’s arrest warrant.

The opening paragraph of the ICC statement regarding Duterte’s arrest over a crime against humanity charge said it all: he was willingly handed over to the international tribunal.

"Today, 12 March 2025, Mr Rodrigo Roa Duterte ('Mr Duterte'), born on 28 March 1945, was surrendered to the custody of the International Criminal Court (ICC or 'the Court'). He was arrested by the authorities of the Republic of the Philippines ('the Philippines') by an arrest warrant issued by Pre-Trial Chamber I ('the Chamber') for charges of murder as a crime against humanity.”

Based on the Palace narrative, the administration had consistently held a non-cooperation policy with the ICC, an intrusive global tribunal that the country withdrew from in 2019.

The claim went that the arrest was carried out through an International Criminal Police (Interpol) Red notice that local authorities had to comply with since the country needed to cooperate with the global police body in which it is a member.

It was pointed out that it was the ICC which requested the Interpol to out the Red notice.

The ICC statement on Duterte’s arrest was silent about any request to the Interpol.

Moreover, a DAILY TRIBUNE check on the Interpol website detailing the 6,610 wanted individuals worldwide with a Red Notice did not include Duterte.

Thus, the only conclusion was those who wanted Duterte removed from the political equation jumped at the opportunity presented by the ICC arrest warrant without batting an eyelash.

Another revelation in the ICC statement was that the tribunal was unaware of any Interpol assistance.

In the final paragraph of the statement, gratitude was expressed to those who assisted in collaring Duterte: “The ICC Registrar, Mr Osvaldo Zavala Giler, thanked the authorities of the Philippines for their commitment to upholding international accountability mechanisms, and the authorities of the Host State, the Netherlands, for their cooperation and support.”

In the brief public statements directly attributed to the ICC including the reports of TIME on 11 March 2025, or CNN on 12 March 2025, the ICC did not mention Interpol as the mechanism for executing the arrest.

Even if Interpol issued a notice, which did not happen, the government has the option not to comply.

A Red Notice is a request to “law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action” but it is not an international arrest warrant.

“The individuals are wanted by the requesting member country or international tribunal. Member countries apply their laws in deciding whether to arrest a person,” according to Interpol.

Both the ICC’s arrest warrant and the mysterious claim of an Interpol Red Notice are optional tools, activated only at the discretion of a nation’s government.

The Philippines, no longer a member of the Rome Statute, had no legal obligation to comply with the arrest order.

The police force, upon a higher order, didn’t just comply — it rushed to do so, as if eager to satisfy desires or longing for those who’ve long salivated over Duterte’s downfall.

Duterte, unlike Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin who both have standing ICC arrest warrants, is easy picking for the ICC which has needed an image restoration.

Selective justice, on a global scale, is also in full display regarding Duterte’s fate.

The ICC, a body that projects itself as a guardian of humanity, conveniently glosses over the sins of powerful nations while pouncing on leaders from weaker states who refuse to toe the line.

The administration’s complicity in the ICC farce smacks of weakness since it’s a slap in the face to every Filipino and the local judiciary system.

The high-stakes power play was dressed up as morality, and the Philippines just folded to ICC without a fight.