Bold claim: There is no law preventing the Philippine government from coordinating with the International Criminal Court (ICC), even as the Supreme Court weighs petitions about the arrest and transfer of former President Rodrigo Duterte to the tribunal, a Justice official said on Tuesday.
If we coordinate with the ICC now, there would be no legal prohibition. Legally, at least, that’s clear,” DOJ spokesperson Adrian Marcelo Martinez told reporters in an ambush interview.
“That’s why the petitions were filed with the Supreme Court — they question whether the former president’s arrest was legal or valid,” he added.
Martinez, however, stressed that the Department of Justice (DOJ) regards waiting for the Supreme Court’s decision as prudent.
Duterte’s March 2025 arrest, and subsequent events, prompted petitions from Duterte and Senator Ronald Dela Rosa asking the Supreme Court to bar the Philippine government from cooperating with the ICC and Interpol.
Duterte’s children — Veronica “Kitty” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Davao City Representative Paolo “Pulong” Duterte — also have petitions that remain pending. They recently argued that their petition is not moot.
“Under current laws, there is no clear prohibition against coordinating with the ICC or Interpol,” Martinez explained.
“Although we withdrew from the Rome Statute in March 2019, there is no law declaring coordination with any international tribunal unconstitutional,” he added.
Martinez spoke after it was revealed that Ombudsman Jesus Crispin Remulla met with ICC investigators while serving as Secretary of Justice in 2025.
The DOJ clarified that there are no active channels of coordination between the DOJ and the ICC at this time.
“Categorically, there have been no meetings between Secretary Vida, any DOJ officials, and the ICC,” Martinez stated.
“Given the pending Supreme Court petitions, we find it prudent to wait for a resolution,” he concluded.
Duterte, the former president, faces charges of crimes against humanity related to alleged killings during his terms as mayor and president. He was formally charged during a four-day hearing held from February 23 to 27, 2025.
