MANILA — Human rights lawyer Atty. Kristina Conti has called the Philippine Senate’s recent resolution urging the International Criminal Court (ICC) to place former president Rodrigo Duterte under house arrest for “humanitarian conditions” both “counterproductive” and “political noise.”

Conti currently serves as Assistant to Counsel at the ICC, representing victims in the bloody war on drugs.

In her statement, Conti questioned the legal relevance and procedural legitimacy of the Senate’s resolution, warning that it may do more harm than good.

“The ICC Pre-Trial Chamber I will only consider matters of fact and law as it evaluates both of Duterte’s requests for adjournment (because he is not fit for trial with ‘cognitive impairments’) and for interim release (because he’s old and allegedly, sick).”

Conti emphasized that the Senate has no formal role in ICC proceedings and cast doubt on how the resolution would even reach the court.

“The Senate as an institution is not in any way involved in the ICC process, and it is unclear how the resolution will be communicated to the international court. Unless the Senate has direct knowledge of Rodrigo Duterte’s physical and mental health and their report is transmitted to the ICC through the proper channels, then the resolution will be mere political noise.”

“I must also note that the court is aware that at least one of the senators sponsoring the resolution is probably among the co-perpetrators of crimes against humanity being investigated by the ICC Office of the Prosecutor. Hence, it is patently self-serving,” she added.

Conti warned that the resolution could be perceived by the ICC as an attempt to interfere with its independence, echoing similar criticisms leveled against other countries.

“This move could backfire, if the court sees this as political intrusion and a form of undermining of its independence – similar to how other countries like the US have done.”

She concluded by highlighting the continued political influence of the Duterte family, which she believes undermines the argument for humanitarian release.

“The court may also see this as conclusive proof that the Dutertes still exercise significant political clout nationwide. Duterte family members are in positions in Davao, which is why he cannot simply go home there. The Senate support clearly shows their influence is nationwide, which is why his return to the country will be continued to be opposed by the victims and the prosecution, and will be highly unlikely.”

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