Bold claim first: There is no law preventing the Philippine government from coordinating with the International Criminal Court (ICC), even as the Supreme Court weighs petitions challenging the arrest and transfer of former President Rodrigo Duterte to the tribunal, a Justice official said on Tuesday.
“If we were to coordinate with the ICC now, there would be no legal prohibition. Legally at least, that’s clear,” DOJ spokesperson Adrian Martinez stated in a brief ambush interview.
He added that the petitions filed with the Supreme Court are focused on whether the former president’s arrest was legal or valid, not on whether coordination with the ICC is allowed.
Martinez also noted that the DOJ thinks it prudent to await the Supreme Court’s ruling before taking any steps.
Duterte’s arrest in March 2025 led him and Senator Ronald Dela Rosa to ask the Supreme Court to bar the Philippine government from cooperating with the ICC and Interpol.
Petitions filed by Duterte’s children — Veronica “Kitty” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Davao City Representative Paolo “Pulong” Duterte — remain pending. They recently argued that their petition is not moot.
Under current law, there is no explicit prohibition against coordinating with the ICC or Interpol, Martinez said.
Although the Philippines withdrew from the Rome Statute in March 2019, there is no law declaring coordination with any international tribunal unconstitutional, he added.
Martinez spoke as reports emerged that Ombudsman Jesus Crispin Remulla met with ICC investigators while serving as Secretary of Justice in 2025.
The DOJ clarified that there has been no current coordination between the DOJ and the ICC.
“Categorically, there have been no meetings between Secretary Vida, any DOJ officials, and the ICC,” Martinez emphasized.
“Given the pending SC petitions, we deem it prudent to wait for a resolution.”
Duterte faces charges of crimes against humanity for alleged killings during his time as mayor and as president. He was formally read his charges during a four-day confirmation of charges hearing from February 23 to 27, 2025.
