SC mulls Duterte's ICC arrest petitions, national sovereignty

The Supreme Court is considering petitions challenging the legality of former President Rodrigo Duterte's arrest by the International Criminal Court (ICC), despite the case potentially being moot.

Lawyer Rodel Taton argues that the high court should rule on this matter as it pertains to national sovereignty and independence from external interference, while international law experts suggest the court will balance Philippine laws with international statutes.

The court's initial response, not issuing a temporary restraining order but asking for comments from officials involved in Duterte’s arrest, indicates a cautious approach.

Three petitions are pending before the Supreme Court: two seek habeas corpus to return Duterte to the Philippines, while another questions the constitutionality of government cooperation with the ICC under the 2019 withdrawal from the Rome Statute.

Retired International Criminal Court judge Raul Pangalangan noted that witnesses at the ICC are highly protected and that there is no local court case against Duterte in the Philippines to invoke complementarity.