Duterte could have been extradited if PH did not leave ICC —Remulla

Former President Rodrigo Duterte could have undergone an extradition process if he did not withdraw the membership of the Philippines from the International Criminal Court (ICC), Justice Secretary Jesus Crispin “Boying” Remulla said on Thursday. 

Remulla made the remark as Duterte-allied senators questioned why the former president was surrendered to the ICC even though the Interpol Red Diffusion indicated that he should be located and arrested “with the view to extradition.” 

“Wala namang sinabi ditong surrender, extradition lang. Kaya bakit hindi natin hinintay ‘yung ICC na mag-initiate ng extradition laban kay Pangulong Duterte? Bakit binyahe na agad natin don sa Interpol? Wala namang sinabi dito na kailangan natin i-surrender,” Senator Ronald “Bato” dela Rosa said. 

In response, Remulla explained that extradition was no longer possible because there was no longer a treaty between the ICC and the Philippines. 

“Kung tayo po ay member ng ICC, kailangan po ng judicial proceedings. Eh hindi na po tayo member ng ICC. Kung myembro po tayo ng ICC, nakatulong sana kay President Duterte na hindi po siya ililipad pero siya po mismo ang nag-atras ng ating membership eh,” the Justice secretary pointed out. 

“May treaty po na kinakailangan para ho magkaroon ng extradition, eh wala pong treaty eh kasi nga nagwithdraw na tayo sa ICC,” he added. 

Still, Dela Rosa and Senator Imee Marcos said that the Interpol Red Diffusion only stated extradition, and not surrender. 

Remulla said “extradition will fail” because there is no treaty between the ICC and the Philippines. 

In this case, the Justice Secretary said Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity is applicable. 

“Mr. Senator, ‘yun po ang option na binibigay ng batas sa amin pong departamento at sa atin pong Executive Department. Ang surrender po ay isang option na pwedeng gawin,” Remulla said. 

“Wala na hong extradition na route. Ang nangyari surrender route na lang ang naiwan,” he added. 

Dela Rosa insisted on his position and asked why the Philippine government did not opt to detain Duterte in local jails.

“Bakit mo byinahe? Pwede mo namang i-surrender sa local courts natin, ipakulong mo dito sa Pasay. Bakit mo sinurrender?” Dela Rosa, Duterte’s former PNP chief, asked. 

Remulla said it is their “best judgment under the circumstances for our country.” 

But Marcos noted that the Philippines has no obligation to surrender Duterte to the ICC. 

Responding to this, Remulla said, “Ang obligasyon nito to the rest of humanity eh… Kasi ang sinusunod po natin ‘yung ating International Humanitarian Law that is contained in Republic Act 9851, Section 17. Babalik ho tayo dun muli.” 

Duterte was flown to The Hague after his arrest and was placed in detention at the Hague Penitentiary Institution or the Scheveningen Prison on March 13 (PH time). 

He faced the ICC via video link the following day, where the court read to him the charges against him related to the killings under his administration's war on drugs. 

The confirmation of charges has been set for September 23, 2025. —LDF, GMA Integrated News