The arrest of former President Rodrigo Duterte was legal, said Joel Butuyan, a lawyer accredited by the International Criminal Court (ICC).
In a briefing at the Philippine Information Agency in Quezon City, Butuyan explained that Philippine authorities followed the procedures outlined in Republic Act No. (RA) 9851, the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.”
He described RA 9851 as a “mirror image” of the Rome Statute, which established the ICC.
Butuyan confirmed that Duterte’s arrest complied with Article 17 of the Rome Statute, allowing the Philippines to surrender individuals to the ICC for prosecution of international crimes.
Duterte was arrested on March 11 under an Interpol warrant and flown to The Hague to face trial for crimes against humanity related to his administration’s war on drugs.
“We fully complied with our domestic law, dahil nga mayroong discretion ‘yung Philippine government to directly surrender the suspect to the international court,” the lawyer said.
He also clarified that under Article 59 of the Rome Statute, the arrest does not require approval from a domestic judicial authority as long as the accused’s identity is confirmed and their rights are respected.
“Hindi kailangang ipakita’ yung physical warrant of arrest at the time of arrest for as long as there (is an existing) warrant of arrest, pupuwedeng mag-aresto,” Butuyan explained, adding that the ICC operates with electronic documents, including warrants.
Butuyan also stressed that Duterte was informed of his rights and had legal representation during the arrest.IMT
