The Supreme Court has directed all parties involved in the petitions questioning the arrest and detention of former President Rodrigo Duterte before the International Criminal Court (ICC) to file their arguments ahead of a ruling.
The petitions were filed by Duterte’s children, who sought to halt his transfer to The Hague in March, where he is facing alleged crimes against humanity for murder tied to the government’s anti-drug campaign.
In a resolution dated November 11 and released on November 28, the Court en banc ordered petitioners and respondents to submit their memoranda within 30 days from notice, taking into account key issues, including whether the controversy remains relevant or has become moot. The magistrates specifically requested positions on whether the Court should exercise judicial restraint while ICC proceedings are ongoing.
The Court also asked both sides to address whether a writ of habeas corpus — a safeguard against illegal detention — should be issued.
The resolution came after the ICC Appeals Chamber upheld Duterte’s continued detention, denying his bid for interim release. His legal team has also appealed the Pre-Trial Chamber I ruling that rejected their challenge to the ICC’s jurisdiction.
Although the Philippines withdrew from the Rome Statute in March 2019, the ICC maintains it retains jurisdiction over alleged extrajudicial killings committed while the country was a member state from November 2011.