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Ex-Philippine president Duterte petitions court over govt role in arrest

By PRIME SARMIENTO in Hong Kong | China Daily | Updated: 2025-03-12 09:20

A supporter of former Philippine president Rodrigo Duterte confronts members of the Philippine National Police following the arrest of former Philippine president Rodrigo Duterte, in Pasay City, Metro Manila, Philippines, March 11, 2025. [Photo/Agencies]

Former Philippine president Rodrigo Duterte submitted a petition to the Philippine Supreme Court on Tuesday, challenging the government's cooperation with the International Criminal Court in sending him to custody.

Shortly after arriving at the Manila International Airport on Tuesday morning from a weekend trip abroad, Duterte was taken into police custody.

The Philippine Presidential Communications Office said in a statement that Interpol's Manila office received a copy of the International Criminal Court arrest warrant earlier on Tuesday.

The country's prosecutor general presented the ICC notification, confirming the arrest warrant for Duterte, which accused him of "crimes against humanity".

Duterte questioned his detention. In a video released by his family on social media, the former president said: "What is the crime I committed? ... I was brought here not on my own volition. It's somebody else's."

Barely 12 hours after Duterte was detained, a chartered plane flew him to the International Criminal Court in The Hague, the Netherlands, on Tuesday night.

A social media post by one of his lawyers, Martin Delgra, showed a picture of a small plane that would take the 79-year-old to The Hague.

Delgra also told a group chat open to journalists on messaging app Viber that Duterte boarded the plane with three others.

The Presidential Communications Office has not issued a statement on Duterte's departure.

Veronica Duterte, the former president's youngest daughter, said on Instagram he had boarded the plane but the family had not been informed of its destination, accompanying the post with a picture of a small bus on an airfield.

"They took dad from us, put him on a plane and wouldn't say where to. People, wake up," she posted.

When asked about Duterte's detention, Philippine Secretary of Foreign Affairs Enrique Manalo said, "This is a development which is being handled by other agencies, especially the Department of the Interior and Local Government and the Philippine National Police and the Department of Justice."

Manalo made the statement on the sidelines of a meeting with his Slovenian counterpart in Manila, the Philippine News Agency reported.

Enrico Gloria, an assistant professor of international relations at the University of the Philippines, told China Daily that the issuance of the arrest warrant was "a significant case, as it raises questions about accountability and justice on an international scale".

The Philippines unilaterally withdrew from the International Criminal Court in 2019 under the Duterte administration.

His successor, Ferdinand Marcos Jr., did not rejoin the ICC after being elected president in 2022 with Duterte's daughter, Sara Duterte, as vice-president.

In January last year, Marcos said during an interview with local media that the ICC has no jurisdiction over the Philippines and his government would not cooperate in the investigation into Duterte's "war on drugs".

Marcos altered his stance in November, saying his government would not block the ICC if Duterte agrees to be investigated.

The Philippines will not cooperate with the ICC but it has obligations with Interpol, he added.

Responding to reports on Duterte's arrest, China said on Tuesday it is closely monitoring the developments.

"China has noticed the relevant news and is closely following the developments," Foreign Ministry spokeswoman Mao Ning told a daily news conference.

Mao said China has always maintained that the ICC should strictly follow the principle of complementarity in jurisdiction.

The ICC should "exercise its powers prudently in accordance with the law and avoid politicization and double standards", she added.

Arie Afriansyah, a professor in the Faculty of Law at the University of Indonesia, told China Daily that the ICC's arrest would only be possible if Manila allows it and waives any immunity to the person.

"An investigation does not necessarily lead to an arrest warrant. If the prosecutor has enough evidence, it would issue an arrest warrant. This situation will only prove how (the) national state has a critical role in making the arrest possible," Arie said.

Jan Yumul in Hong Kong, Zhang Yunbi in Beijing, Xinhua and agencies contributed to this story.

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