No law bars PH gov’t from coordinating with ICC — DOJ

There is no existing law that bars the Philippine government from coordinating with the International Criminal Court (ICC), even as the Supreme Court (SC) reviews petitions challenging the arrest and transfer of former President Rodrigo Duterte to the tribunal, a Justice official said on Tuesday.

“If we were to coordinate with the ICC now, there would be no legal prohibition. Legally at least, that’s clear,” DOJ spokesperson Adrian Martinez said in an ambush interview.

“That’s why the petitions were filed with the SC — they are questioning whether the former president’s arrest was legal or valid,” he added.

Martinez, however, stressed that the Department of Justice (DOJ) considers it prudent to wait for the SC’s decision.

Following Duterte’s arrest in March 2025, he and Senator Ronald Dela Rosa asked the SC to prohibit the Philippine government from cooperating with the ICC and Interpol.

Petitions filed by Duterte’s children — Veronica “Kitty” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Davao City Representative Paolo “Pulong” Duterte — also remain pending. They recently argued that their petition is not moot.

“Under current laws, there is no clear prohibition against coordinating with the ICC or Interpol,” Martinez said.

“While we withdrew from the Rome Statute in March 2019, there is no law saying that coordination with any international tribunal is unconstitutional,” he added.

Martinez made the remarks following disclosures that Ombudsman Jesus Crispin Remulla met with ICC investigators while serving as Secretary of Justice in 2025.

The DOJ official clarified, however, that no current coordination exists between the DOJ and the ICC.

“Categorically, there have been no meetings between Secretary Vida, any DOJ officials, and the ICC,” Martinez said.

“Given the pending SC petitions, we deem it prudent to wait for a resolution,” he added.

The former president faces charges of crimes against humanity for alleged killings during his time as mayor and president.

He was formally read his charges during a four-day confirmation of charges hearing from February 23 to 27, 2025.—MCG, GMA Integrated News