Carpio: ICC to continue trial whether Duterte's arrest legal or not

For former Associate Justice Antonio Carpio, the International Criminal Court (ICC) will continue its trial on the case of former president Rodrigo Duterte whether his arrest is legal or not.

In an ambush interview Monday, Carpio said that Duterte’s lawyers have the right to question the matter before the ICC but “they will not prosper.”

“Whether the arrest is illegal or not, it will not deprive the ICC of jurisdiction to hear and decide on the complaint against former president Duterte,” he said.

Carpio said Duterte’s camp can raise the issue on the validity of Duterte’s arrest in the next ICC hearing in September or through filing a motion.

However, the ICC will still acquire jurisdiction over Duterte because the Court has nothing to do with his alleged illegal arrest, which was done by the surrendering state, the Philippines.

“The rule in the ICC is very clear. Even if you are illegally arrested by the surrendering state, the ICC will still acquire jurisdiction of you when you are handed over to the ICC because the ICC has nothing to do with the illegal arrest that was done by the surrendering state. So that has been the rule in many cases already, he said.

On March 14 (Philippine time), Duterte’s lawyer Salvador Medialdea told the ICC during the pre-trial for the former president’s crimes against humanity case that his client was supposedly kidnapped from the Philippines when he was arrested.

"He was summarily transported to The Hague. To lawyers it's extrajudicial rendition. For less legal minds it's pure and simple kidnapping," he said.

But Presiding Judge Iulia Motoc said: "There will be a full procedure that will unfurl leading up to the confirmation of charges that will enable Mr. Duterte to raise all the matters that you have just raised with regard to the warrant of arrest, with regard to the crimes committed, with regard to the charges and any other matters associated with his arrest and the matters of jurisdiction of the court."

"You have the opportunity to do this throughout these proceedings leading up to the actual confirmation of charges hearing," she added.

Philippine authorities on March 11 assisted the Interpol in serving a warrant of arrest from the ICC against Duterte for crimes against humanity in connection with his drug war.

After his arrest, Duterte was transported to The Hague in the Netherlands.

Duterte on March 13 (Philippine time) entered the Hague Penitentiary Institution or the Scheveningen Prison where he is set to be held while awaiting trial.

The next hearing on the confirmation of the charges has been set for September 23, 2025. — Joviland Rita/RSJ, GMA Integrated News