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Senator Marcos Questions PNP Officials Over Possession of ICC Arrest Warrant During Duterte’s Detention

Senator Marcos Questions PNP Officials Over Possession of ICC Arrest Warrant During Duterte’s Detention

During today’s contentious Senate hearing investigating former President Rodrigo Duterte’s arrest, Senator Imee Marcos directly challenged police officials about whether they physically possessed the International Criminal Court (ICC) arrest warrant during the March 11 operation. The questioning highlights ongoing controversy surrounding the legality and procedures of Duterte’s detention and subsequent transfer to The Hague.

Critical Questions Raised at Senate Hearing

At the Senate Committee on Foreign Affairs hearing held Thursday, March 20, 2025, Senator Imee Marcos, a vocal Duterte ally, pressed Philippine National Police (PNP) Chief PGen. Rommel Marbil and Criminal Investigation and Detection Group (CIDG) Chief PMGEN. Nicolas Torre III about the documentation they carried during the high-profile arrest. The inquiry forms part of a broader investigation into whether proper legal procedures were followed when Philippine authorities detained the former president.

“Since when did the Philippines become a province of The Hague?” Senator Marcos pointedly asked during the hearing, questioning the jurisdictional basis of the arrest6. Her line of questioning focused on whether Philippine law enforcement officials had physical possession of the ICC warrant when taking Duterte into custody.

CIDG Chief Admits Use of Force

During the same hearing, CIDG Chief Torre acknowledged using force during Duterte’s arrest, a point that drew sharp criticism from senators sympathetic to the former president.

“I have to. Because they won’t go with us voluntarily. I have tried all the — lahat ng pakiusap ay ginawa na namin buong araw (We tried to convince them the whole day),” Torre explained when questioned about video footage showing him appearing to drag Duterte’s legal counsel onto the plane4.

This admission prompted a rebuke from Senator Marcos, who highlighted Duterte’s age and health condition. “Naku, General naman. Sa dinami dami ng pulis. Ang tanda-tanda na, may sakit pa. Sa palagay mo ay may sindak pa yun o kaya bang lumaban noon,” she stated, suggesting excessive force against an elderly person who posed no threat4.

Questions Over Arrest Warrant Processing

The hearing also revealed conflicting accounts about how the ICC arrest warrant was processed through Philippine authorities. Justice Secretary Jesus Crispin Remulla insisted that the government had not directly coordinated with the ICC.

“We never, up to now, had any communication with the ICC, officially or unofficially,” Remulla testified at the hearing3. He maintained that the government kept the ICC at “arm’s length” until receiving the arrest warrant via Interpol3.

However, Senator Marcos pointed to language in the Interpol diffusion that suggested prior coordination: “This diffusion is transmitted after prior consultations with the government of the Philippines, who have agreed to comply with this request for arrest”3. Remulla dismissed this as standard form language, not evidence of explicit coordination.

Jurisdictional Debate Continues

A significant portion of the hearing centered on whether the ICC has jurisdiction over Duterte given the Philippines’ withdrawal from the Rome Statute in 2019. Despite the withdrawal, the ICC maintains jurisdiction over alleged crimes committed between November 1, 2011, and March 16, 2019, when the country was still a member6.

Remulla argued that while the Philippines is no longer an ICC member, the international tribunal still has jurisdiction over individuals. This position appears to contradict previous statements by President Ferdinand Marcos Jr., who had earlier questioned ICC jurisdiction6.

Vice President Duterte’s Involvement

Vice President Sara Duterte, daughter of the former president, made a surprise virtual appearance at the hearing from The Hague, where she has traveled to follow her father’s trial1. She characterized her father’s arrest as politically motivated.

“This is all about politics. The administration is using government resources, the ICC to demolish the opposition,” she stated during the hearing3. She later urged voters to show their disapproval by supporting her party’s candidates in the upcoming May mid-term elections.

Current Status of Former President Duterte

Former President Duterte was arrested on March 11 and immediately transferred to ICC custody in The Hague. He faces charges of crimes against humanity related to alleged extrajudicial killings during his “war on drugs” campaign, which officially claimed over 6,000 lives according to police statistics, though human rights groups estimate the number could exceed 30,0007.

The ICC investigation covers Duterte’s actions both during his presidency and his earlier tenure as mayor of Davao City7. While the former president has consistently denied ordering extrajudicial killings, human rights advocates have hailed his arrest as “a historic step toward justice”7.

As the Senate investigation continues, questions about the procedural legality of Duterte’s arrest and the Philippine government’s relationship with the ICC remain at the forefront of political discourse in the country.

Citations:

  1. https://www.philstar.com/headlines/2025/03/20/2429811/duterte-allies-ask-why-wasnt-icc-arrest-warrant-coursed-through-local-court
  2. https://www.icc-cpi.int/news/situation-philippines-rodrigo-roa-duterte-icc-custody
  3. https://www.malaymail.com/news/world/2025/03/20/philippine-senators-grill-officials-over-dutertes-icc-arrest-justice-minister-denies-prior-coordination/170261
  4. https://globalnation.inquirer.net/269116/on-dutertes-arrest
  5. https://www.cnn.com/2025/03/10/asia/philippines-rodrigo-duterte-arrest-intl-hnk/index.html
  6. https://globalnation.inquirer.net/268979/icc-still-has-jurisdiction-over-individuals-remulla-to-imee-marcos
  7. https://www.hrw.org/news/2025/03/12/philippines-duterte-arrested-icc-warrant
  8. https://www.gmanetwork.com/news/topstories/nation/939900/we-have-never-spoken-to-icc-soj-remulla/story/

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