Malacañang on Thursday stood by the government’s decision to transfer former President Rodrigo Duterte to The Hague, asserting that the move complied with Philippine law and the country’s international commitments.
Communications Undersecretary and Palace Press Officer Claire Castro issued the clarification after Duterte, in a signed waiver submitted to the International Criminal Court (ICC) on February 17, alleged that the aircraft used to bring him to the Netherlands in March last year was funded by the Office of the President.
Speaking at a press briefing on February 19, Castro cited Republic Act No. 9851 as the legal foundation for the administration’s action.
“Ang pagpapadala po sa dating pangulong Duterte sa ICC or sa The Hague ay ayon po sa batas,” Castro said.
She referenced Section 17 of the law, explaining that when a case is already under the jurisdiction of a foreign state or an international tribunal, the Philippine government may forgo conducting its own investigation and allow proceedings to continue before that body.
“Kapag ang isang kaso o isang complaint ay dinidinig na sa isang state o international tribunal or court, maaari pong i-dispense with na ng gobyernong ito ang anumang pag-iimbestiga at hayaang magpatuloy ang pag-iimbestiga sa nasabing state or international tribunal,” she said.
Castro added that authorities coordinated with Interpol in carrying out the transfer. She also pointed to what she described as the country’s “residual obligation” arising from its previous membership in the ICC under the Rome Statute.
“Mayroon din pong residual obligation ang administrasyon na ito upang ipatupad ang dating napagkasunduan na noong tayo pa ay miyembro ng ICC or ng Rome Statute,” she said.
While emphasizing that the Philippines no longer recognizes the ICC’s jurisdiction at present, Castro noted that the tribunal may still assert authority over alleged offenses committed during the period when the country was a State Party.
“Hindi man natin kinikilala na may jurisdiction ang ICC ngayon, sa ngayon, pero ang ICC ay nagkaroon ng jurisdiction sa mga aksyon na naganap noong tayo pa ay miyembro,” she said.