Bold start: There is no law stopping the Philippine government from coordinating with the International Criminal Court (ICC), and that reality stands even as the Supreme Court weighs petitions challenging the arrest and transfer of former President Duterte to the tribunal.
A Justice official explained on Tuesday that, legally speaking, there is no prohibition against engaging with the ICC if coordination were to happen now. DOJ spokesperson Adrian Martinez emphasized, “Legally at least, that’s clear.” He added that the current petitions before the Supreme Court are focused on whether the former president’s arrest was lawful or valid, not on whether cooperation with the ICC is barred.
Still, Martinez stressed that the Department of Justice (DOJ) believes it is prudent to wait for the SC’s ruling before taking any steps toward coordination.
Duterte’s arrest in March 2025 prompted petitions from the former president’s allies—Senator Ronald Dela Rosa and Duterte’s children Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte—asking the SC to prohibit the government from cooperating with the ICC and Interpol. These petitions remain pending, with the Duterte siblings contending that their case is not moot.
Martinez noted that under current national law there is no explicit prohibition against coordinating with the ICC or Interpol. Although the Philippines withdrew from the Rome Statute in March 2019, he said, there is no statute declaring coordination with any international tribunal unconstitutional.
The DOJ remarks come amid reporting that Ombudsman Jesus Crispin Remulla met with ICC investigators during his tenure as Secretary of Justice in 2025, though the DOJ clarifies that there is no active coordination with the ICC at present. Martinez asserted: “There have been no meetings between Secretary Vida, any DOJ officials, and the ICC.” He reiterated the decision to await the SC’s resolution given the ongoing petitions.
As a matter of context, Duterte faces charges of crimes against humanity for alleged killings connected to his time as mayor and as president. He was formally informed of these charges during a four-day confirmation-of-charges hearing held February 23–27, 2025.
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