Judges to decide if Duterte's surrender is illegal

MANILA While former president Rodrigo Duterte's camp questions the legality of his arrest by the International Criminal Court (ICC), the tribunal's spokesperson said only its judges can rule on the matter.

- Dominique Nicole Flores

ICC spokesperson Fadi El Abdallah said that any challenge to the legality of Duterte's surrender must be submitted to the judges for a decision.

Duterte was arrested by Philippine authorities on March 11 following a diffusion notice from the International Criminal Police Organization (Interpol), which alerted the country about the ICC arrest warrant for crimes against humanity charges.

Twelve hours later, the government flew him to The Hague, Netherlands, where he was transferred to ICC custody.

"Now, the surrender of Mr. Duterte to the ICC is something that was, of course, the decision of the Philippines' authorities, and if there is any question about whether it was lawful or not, it would have to be submitted to the judges," he said in an interview with One News' "The Big Story" on Wednesday, April 2.

Several petitions were filed before the Supreme Court by Duterte's children, seeking the following: The immediate suspension of any cooperation with the ICC.

A review of Duterte's detention, arguing that the ICC has no jurisdiction over him.

A declaration on the legality of the Philippine government's cooperation with the ICC.

El Abdallah added that regardless of whether a nation is a state party to the Rome Statute the treaty that established the ICC - it can still choose to cooperate with the court voluntarily.

"Of course, even states that are not parties to the ICC Rome Statute, they can cooperate with the ICC on a voluntary basis," he said.

He also noted the ICC's appreciation for the Philippines' commitment to international accountability mechanisms, stressing their importance in ensuring justice.