The Department of Justice (DOJ) affirmed that Philippine law, specifically Republic Act No. 9851, mandates the surrender of individuals like former President Rodrigo Duterte to the International Criminal Court (ICC).
RA 9851 allows Philippine authorities to defer to international courts for investigations and prosecutions of crimes against humanity, genocide, and other international crimes.
Duterte's arrest at Ninoy Aquino International Airport (NAIA) was to enforce an ICC arrest warrant related to alleged crimes against humanity during his administration's war on drugs.
Despite the Philippines' withdrawal from the ICC in 2019, the country's membership in Interpol facilitated the enforcement of the international warrant.
Retired Supreme Court justice Antonio Carpio also asserted that the government is authorized to surrender heinous crime suspects to international investigators, validating the legality of Duterte's turnover.
Duterte and Senator Ronald "Bato" dela Rosa are petitioning the Supreme Court to overturn the arrest, arguing government overstepped in cooperating with Interpol.
Furthermore, former PNP chiefs Dela Rosa and Oscar Albayalde may also face apprehension on ICC orders, as they are named in Duterte's charge sheet.
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