Duterte’s Warrantless Arrest Claims Debunked: The Facts Revealed

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Duterte’s Arrest: ICC Lawyer Defends Legality Amidst Philippine Controversy

The arrest of former Philippine President Rodrigo Duterte on March 11, 2025, by Philippine authorities, has sparked a legal firestorm. An International Criminal Court (ICC) accredited lawyer insists it was lawful, while the former President’s allies are claiming otherwise.

By Archyde News Team | Published: March 21, 2025

The Arrest and the Legal Justification

The arrest of Rodrigo Duterte, former President of the Philippines, on March 11, 2025, marks a significant moment in international justice. The ICC’s Office of the Prosecutor has been investigating the “Situation in the Republic of the Philippines” for alleged crimes against humanity.

In a press briefing held at Malacañang Palace on March 21, 2025, Joel Butuyan, an attorney accredited by the ICC, addressed concerns surrounding the arrest. He firmly stated that the arrest was not “warrantless” and was executed in full compliance with both Philippine law and international statutes. Butuyan explained that the legal basis for the arrest warrant lies in Republic Act (RA) 9851, also known as “An Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other crimes Against Humanity,” and the Rome Statute, the treaty that established the ICC.

Both under our local law and under the ICC statute, complied with, valid ‘yung implementation ng warrant of arrest, Butuyan asserted, emphasizing the dual legal foundation for the action.

Lawyer Joel butuyan addresses the press regarding the legality of Rodrigo Duterte’s arrest. SCREENGRAB FROM RTVM

Controversy and Conflicting Views

The legality of Duterte’s arrest is not without controversy. Vice President Sara Duterte, the former president’s daughter, has publicly questioned the validity of the arrest, arguing that the warrant was not issued by a Philippine court. This challenge highlights the complex interplay between national sovereignty and international law, a debate familiar to the U.S.legal landscape, where questions of federal versus state jurisdiction are common.

Despite these objections, Butuyan maintains that the arrest followed all necessary legal procedures. He stated, Meron pong warrant of arrest and it was issued by an international court na naging miyembro tayo so hindi ho totoong warrantless arrest ito, clarifying that the warrant was indeed issued by a legitimate international body to which the Philippines is a member.

Legal Precedents and Justifications

Butuyan further supported his argument by referencing Section 17 of RA 9851,which grants the Philippine government the authority to directly surrender a suspect to an international court once a warrant has been issued.This provision bypasses the need for a local court order in such cases, streamlining the process and aligning Philippine law with its international obligations.

He also addressed concerns regarding article 59 of the Rome Statute, which outlines procedural requirements for arrests. Butuyan clarified that authorities were not obligated to present Duterte before a local court to assess the legality of his arrest or the basis for the ICC warrant. Wala na siyang jurisdiction para kuwestiyunin pa iyong validity ng warrant of arrest, Butuyan stated, emphasizing that local judicial authorities do not have the power to question the validity of an ICC-issued warrant.

Butuyan cited the ICC’s 2015 *Ongwen* case, which established a precedent that arresting countries are not required to follow the procedure under Article 59, provided that key provisions such as verifying the suspect’s identity and ensuring their rights are upheld are observed. This precedent reinforces the ICC’s authority and streamlines the arrest process for individuals suspected of international crimes.

Binasahan siya ng Miranda rights niya… so ‘yung substance ng Article 59 were actually complied with, Butuyan said, ensuring that Duterte was informed of his rights.He also noted that Duterte was accompanied by two lawyers during the arrest,further safeguarding his legal protections.

Due Process and Privileges

Addressing concerns about due process, Butuyan argued that duterte was, in fact, afforded more privileges then an ordinary suspect. Sobrang nakakalamang si former President Duterte. Actually, ang daming (several) privileges … [were] extended to him, over and beyond what is required by law. So, sa substance po, walang na-violate and valid iyong implementation ng warrant of arrest, he stated.

This claim of extended privileges could be seen as a double-edged sword. While it suggests that Duterte’s rights were fully respected, it could also fuel public resentment if perceived as preferential treatment.

the Charges and Next Steps

Duterte is the subject of an arrest warrant issued by the ICC for alleged crimes against humanity committed during his “drug war” between Nov. 1, 2011, and March 16, 2019, encompassing his time as Davao city mayor and then as president. This “drug war” has been widely criticized for its extrajudicial killings and human rights abuses, drawing international condemnation.

On March 12, 2025, Duterte arrived in The Hague and was transferred to the ICC Detention center in Scheveningen, a facility that has housed numerous individuals accused of serious international crimes.

The ICC has scheduled the next hearing for Sept.23, 2025, to confirm the charges against Duterte. this hearing will be a crucial step in the legal process, as the prosecution will present evidence to support the charges, and Duterte’s defense team will have the opportunity to challenge the evidence and arguments.

Implications for the U.S. and International Law

The arrest and prosecution of rodrigo Duterte have significant implications for international law and the United States’ role in upholding human rights. While the U.S. is not a member of the ICC, it has a long-standing commitment to promoting justice and accountability for international crimes. The Duterte case could serve as a test of the international community’s resolve to hold leaders accountable for human rights abuses, even when they occur within the borders of a sovereign state.

The case also raises questions about the balance between national sovereignty and international jurisdiction. The U.S. has frequently enough been wary of international courts and tribunals, fearing that they could infringe upon its own sovereignty and subject its citizens to unfair prosecution. However, the Duterte case demonstrates the

How does the ICC’s principle of complementarity apply to the case of duterte’s arrest given that the Philippines is no longer a signatory to the Rome Statute?

Interview: Dr. Anya Sharma on Duterte’s ICC Arrest and international Law

Introduction

Archyde News Editor: Welcome, Dr. Sharma. Thank you for joining us today. We’re hear to discuss the arrest of former Philippine President Rodrigo Duterte and the legal complexities surrounding it. For our audience,can you provide some context on your expertise and role in the field of international law?

Dr. Sharma: Thank you for having me. I am a Professor of International Law specializing in human rights and international criminal law, with a particular focus on the international Criminal Court and its jurisdiction, so I think I can provide some clarity on this issue.

The Legal Basis for the Arrest

Archyde News Editor: The arrest warrant was issued by the ICC and has legal justifications, could you provide our readers with an clarification on this?

Dr. Sharma: Certainly, the core legal framework for Duterte’s arrest hinges on several elements. First, the Philippines is, notably no longer, a party to the Rome Statute, the treaty that established the ICC. Though, the ICC’s Office of the Prosecutor has been investigating the “Situation in the Republic of the Philippines” for alleged crimes against humanity. Additionally, the warrant is said to be predicated on Republic Act 9851, which aligns with international law. Basically, if crimes against humanity are found, the ICC has jurisdiction, even if the suspect is no longer president.

Addressing Controversies: Sovereignty and Jurisdiction

Archyde News Editor: The arrest has faced quite a bit of controversy, especially regarding jurisdiction as well as national versus international law. Given that the former President’s daughter has questioned the validity of the arrest,how would you address these concerns about national sovereignty?

Dr. Sharma: This is a critical point.The debate often pits national sovereignty against international law. The ICC operates on the principle of complementarity – it steps in when a state is unwilling or unable to genuinely investigate and prosecute international crimes. In cases like this, where allegations involve crimes against humanity, the ICC asserts its jurisdiction, which, although not accepted by manny countries, would supersede national law and this is vrey contentious.

Legal Precedents and Processes

Archyde News Editor: You mentioned legal precedent. Could you elaborate on any specific precedents that support the ICC’s actions in this case, such as the *Ongwen* case?

Dr. Sharma: Yes.The *Ongwen* case is relevant. It established that the arresting country is not always required to follow all the domestic procedures outlined in, for example, Article 59 of the Rome Statute, provided that basic rights, such as verifying the suspect’s identity and ensuring informed consent, are observed. This streamlines the process and removes red tape.

Due Process and Safeguards

Archyde News Editor: Concerns about due process have also been raised.What safeguards were used to ensure Duterte’s rights were protected during the arrest and after?

Dr. Sharma: From reports, it seems Duterte himself has been afforded due process guarantees. For example, during the arrest, he was informed of his rights and was accompanied by legal counsel. This is a common standard in international criminal law to ensure the protection of the suspect, which aligns with Article 59 of the Rome Statute. Indeed, the authorities took steps to ensure his rights were upheld, including informing him of the reasons for his arrest.

The Charges and Future Hearings

Archyde News Editor: The charges against Duterte relate to his “drug war.” Can you give us some insight on what happens next in the ICC process, including the upcoming hearing?

Dr. Sharma: The charges relate to alleged crimes against humanity. The next hearing is scheduled for Sept. 23, 2025, to confirm the charges. The prosecution will present their evidence, and Duterte’s defense team will have an opportunity to challenge this. If the judges confirm the charges, the case proceeds to trial. A fair trial and respecting the rights of the accused are critical, and can establish justice for the victims.

Implications for the United States and the International Community

Archyde News Editor: given the complex relationships between the U.S., the ICC, and international law, what are the broader implications of this case, especially for the United States?

Dr. Sharma: The U.S., not being a member of the ICC, will likely have to balance its interests against the promotion of human rights and international justice.This case tests the resolve of the international community to hold leaders accountable for human rights abuses nonetheless of national borders or legal jurisdiction. It could influence how nations view their responsibilities toward international law and the willingness of the U.S. or others to actively engage in or provide support for international efforts to prosecute such crimes.Even more importantly, it brings up the question of how far states are prepared to engage in human rights with their own political interests.

Archyde News Editor: Dr. Sharma, thank you for shedding light on these significant issues. Your insights will be helpful for our readers. We appreciate your time and expertise.

Dr. Sharma: my pleasure. Thank you for having me.