The Department of Justice (DOJ) has reaffirmed that the arrest of former President Rodrigo Duterte is “100% legal,” addressing concerns raised by his supporters.
DOJ spokesperson Mico Clavano explained in a radio interview that authorities followed both local and international protocols, including those set by the Rome Statute and Interpol, when executing the arrest warrant issued by the International Criminal Court (ICC).
Duterte was apprehended on Tuesday morning and later transported to The Hague, where the ICC is based, to face charges linked to the controversial drug war.
When asked about legal procedures requiring an arrested person to be presented before a judicial authority, Clavano argued that prosecutors present during the arrest could fulfill this role, as judges are not always available at the scene.
He also clarified that the principle of complementarity does not apply, as the ICC is investigating crimes against humanity, whereas cases filed in the Philippines involve individual murder charges.
Meanwhile, Duterte’s children, Kitty and Baste, have separately petitioned the Supreme Court for a writ of habeas corpus, seeking his return to the Philippines. Their legal counsel, former presidential legal adviser Salvador Panelo, insists that the ICC lacks jurisdiction over the former president, as the country withdrew from the Rome Statute in 2019.
The Supreme Court has assigned a justice to handle the petitions.
