A Filipino Stand: Arguing Against Duterte’s ICC Arrest
In these turbulent times, as the Philippines grapples with its destiny on the world stage, the ICC’s decision to arrest former President Rodrigo Duterte raises serious questions about sovereignty, jurisdiction, and who really gets to decide what justice looks like in our country. Many believe (Including this writer) this move isn’t just procedurally flawed, it’s a direct affront to the Filipino way of handling its own affairs. (Through hell of need be)
Jurisdictional Overreach: Questioning the Court’s Right
At the heart of the matter is the glaring issue of jurisdiction. Duterte’s lead counsel, Nicholas Kaufman, has been unequivocal: since the Philippines pulled out of the ICC back in 2019, the court no longer has the authority to try our former president for acts committed after that exit. Kaufman put it bluntly:
“Coming back to the jurisdictional point, obviously you don’t need to be the dean of a law faculty to realize that that’s going to be a huge issue at pre-trial. I think that the jurisdictional argument is compelling as defense counsel. I believe that it should succeed and I would be hugely disappointed if it doesn’t succeed.”
If our country made a conscious decision to leave the ICC, then insisting on prosecuting Duterte under its banner flies in the face of our sovereignty. It smacks of an external power imposing its own standards on our legal processes, a tactic that undermines our right to self-governance.
The Illegal Removal: A Modern-Day Kidnapping?
Kaufman doesn’t mince words when it comes to how Duterte was taken from our shores. Describing the transfer as little more than a kidnapping, he noted:
“I view it as a kidnapping, nothing more or less. It’s an extrajudicial rendition. He was given no due process, just slung over to the Hague.”
Such a stark portrayal not only exposes the lack of due process but also casts serious doubts on the ethical basis of using an international tribunal to settle domestic political scores. The covert and hasty nature of Duterte’s removal suggests that this was more about silencing a political adversary than about serving true justice.
The ICC’s Case Drought: Clinging to a Flawed Pursuit
Adding insult to injury, Kaufman warned of another troubling factor, the ICC’s desperate need for cases. With a noticeable drought of serious matters to handle, there’s a very real fear that the court might cling to this high-profile case, regardless of its legal shortcomings:
“My only fear is that this court is starved of cases at the present moment and might be loath to let a case like that go, to slip through its hands.”
This suggests that rather than focusing on delivering fair and impartial justice, the ICC may be motivated by the need to boost its own relevance and credibility on the international stage.
Domestic Accountability: Justice the Filipino Way
There’s a growing sentiment among many Filipinos that true justice should be administered here at home. Our legal system, though not perfect, is equipped to handle the complexities of our society without having to bow to foreign institutions. Using international courts risks outsourcing our justice to those who may not fully understand (or care about) our unique historical and cultural context. This isn’t just about legal technicalities; it’s about preserving our right to decide how justice is meted out in the Philippines to hell if need be. (Second emphasis)
Some sectors and longtime observers have noticed that since the case is abroad, the tight-lipped nature of the lawyers involved poses an interesting conundrum to our news-starved media. I’d propose a different views, as I scoured almost all available interviews with defense counsel Kaufman, I was left with a growing certainty that Western professionalism, will unfurl differently from what people from the side of social justice would like to think. No wonder his interviews were barely talked about.
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It was just granted a large budget production fund by CreatePHFilms and will be produced by TBA Studios.
Malay mo, hindi naman pala kasing hirap ng iniisip mo.
You're scared not because u are incapable but because it is unfamiliar. Humans tend to be scared of the things that they are yet to experience. The only way to know is to keep going and to keep trying.