A Philippine lawmaker on Friday clarified that house arrest for former president Rodrigo Duterte is no longer possible due to his administration’s withdrawal from the International Criminal Court (ICC).
Bicol Saro party-list Rep. Terry Ridon said the proposal to have Duterte detained in a Philippine facility abroad—such as an embassy—while awaiting trial before the ICC would have only been feasible if the Philippines had remained a member of the Rome Statute.
“To be clear, if the Duterte government did not exit the Rome Statute, an interim release to the Philippines, or a house arrest within a foreign PH facility, would have been a real possibility,” Ridon explained. “This is not a possibility today as a result of the former President’s decision to withdraw from the ICC.”
The statement comes in response to Senator Alan Peter Cayetano’s recent resolution urging the Philippine government to negotiate for Duterte’s interim release and house arrest. Cayetano, who once served as Duterte’s foreign secretary, had previously described the ICC pullout as a “principled stand.”
Ridon pointed out that non-member states like the Philippines have no obligation to cooperate with the ICC, including on matters like interim release. The country’s formal departure from the court took effect on March 17, 2019—one year after Duterte announced the withdrawal.
ACT Teachers party-list Rep. Antonio Tinio also criticized Cayetano’s resolution, calling it a political maneuver to appease Duterte’s supporters. “Yet another senator playing to the gallery… No matter that the proposal to have Duterte detained in the Philippine embassy in The Hague is a non-starter,” he said.
Tinio added that expecting special treatment from the ICC is “not going to happen.”
Cayetano cited Duterte’s “deteriorating health” and prolonged isolation as reasons for his call, warning of the toll it may take on the former president’s well-being. He proposed a house arrest arrangement involving restrictions on movement, location, and contact with victims or witnesses.
Senator Robinhood Padilla, along with Duterte allies Sens. Bong Go and Ronald “Bato” dela Rosa, also backed a resolution to bring Duterte home. But former senator and Mamamayang Liberal party-list Rep. Leila de Lima dismissed it as political posturing, noting the government has no authority to override an ICC arrest order.
Duterte was barred from leaving the country last March when authorities enforced a red notice from Interpol on behalf of the ICC, in connection with an arrest warrant for crimes against humanity over his administration’s bloody drug war.
The ICC’s case revolves around alleged extrajudicial killings during Duterte’s term, particularly under “Oplan Tokhang,” an anti-drug campaign that reportedly claimed thousands of lives—including minors and innocent civilians. One of the most high-profile cases was the 2017 killing of 17-year-old Kian delos Santos, who was shot by police despite CCTV evidence and witness accounts showing he had surrendered.
