Arrest warrant vs. Duterte out soon; ICC probers visited PH in December 2023 —Trillanes

A warrant of arrest is expected to be issued soon against former President Rodrigo Duterte and other respondents in connection with the International Criminal Court's (ICC) investigation into the “war on drugs,” according to former Senator Antonio Trillanes IV.

Based on the information he received, Trillanes said the ICC probers arrived in the country in December 2023 and were able to conduct interviews with concerned individuals, GTV’s "Balitanghali" reported Monday.

The former senator said investigators of the international body have finished gathering information on Duterte and the others involved.

In a press conference, Philippine National Police (PNP) chief Police General Benjamin Acorda Jr. said the police organization has yet to receive confirmed reports on the matter.

“As of now, we do not have any confirmed reports or communications reaching our office to that effect,” he said.

If the ICC issued an arrest warrant against Duterte and other respondents, Acorda said the PNP would depend on the “highest office” on how the police force would treat the arrest order.

“With that aspect, I'll just get directive from the highest office whatever will be the treatment if it will come out,” the PNP chief said.

Asked if the possible arrest warrant would not be immediately implemented upon release, Acord said, “I cannot comment on that as of now.”

Since the ICC has no law enforcement body, it would rely on the concerned country to arrest the accused.

Solicitor General Menardo Guevarra said the Philippines has no legal duty to cooperate with the ICC investigation on the Duterte administration’s drug war.

However, based on the 2021 Supreme Court decision, the Philippines should cooperate with the ICC despite the country’s withdrawal from the Rome Statute. 

Under Duterte, the Philippines withdrew from the Rome Statute in 2019, the treaty that established the ICC.  This came after the tribunal began a probe into the drug war, followed by a formal inquiry in September 2021.

In January 2023, the ICC authorized reopening the inquiry after it was suspended in November 2021.

The ICC Appeals Chamber in July 2023 also denied the government’s appeal against the resumption of the inquiry.

In November 2023, however, Marcos said that returning into the fold of the international tribunal is “under study” even though he maintained that there are “problems” on the issue of jurisdiction.

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000. —Joviland Rita/LDF, GMA Integrated News