Diving deeper into FPRRD's arrest

ROSES & THORNS

- PIA ROCES MORATO

It has been almost a month since former president Rodrigo Roa Duterte's arrest and due to a high level of confusion, people are still asking if indeed this arrest was valid. A few days ago, I caught an interview with former Associate Justice of the Supreme Court Adolfo Azcuna, whose insights on the matter provided more context and clarity with regard to the issue at hand.

So many people continue to ask if the warrant issued to the former president was indeed valid and legal and if its execution by Philippine authorities was equally valid and legal, as well as his subsequent transfer to the International Criminal Court. The former associate justice explained that the warrant of arrest issued by the ICC was issued pursuant to its jurisdiction over crimes against humanity which were committed in the Philippines (where Duterte is charged with such crimes) and at the time when the country was party to the Rome Statute.

But the question always goes back to how a warrant of arrest can be issued if we are no longer a member of the ICC and if it is still possible to issue a warrant of arrest. Justice Azcuna explained that this was possible if it falls under Article 127 paragraph two of the Statute of Rome where it is indicated that even after withdrawal, the withdrawing state is obligated to cooperate with the ICC in relation to matters already under consideration by the court before withdrawal, hence also explaining our residual obligations.