MANILA — The government has stated it “lawfully arrested and surrendered” former President Rodrigo Duterte to the International Criminal Court (ICC), rejecting claims that his transfer to The Hague was illegal.

In a statement dated February 17, the Office of the Solicitor General (OSG) said it had informed the Supreme Court that Duterte’s 2025 transfer to the Netherlands was a valid exercise of executive power.

Solicitor General Darlene Marie Berberabe said the government “acted in accordance with both international law and Section 17 of Republic Act No. 9851,” the country’s law covering crimes against international humanitarian law, genocide, and other crimes against humanity.

The OSG explained that the legal requirements for surrender had been met, including that an international tribunal was conducting an investigation or prosecution, that surrender was in the interest of justice, and that it complied with applicable laws and treaties.

Duterte is currently being held at the ICC detention center in Scheveningen, The Hague. He faces three counts of murder as an alleged indirect co-perpetrator in what prosecutors describe as a “common plan” to target drug suspects during his administration’s anti-drugs campaign.

Duterte Waives Right to Attend Hearing

In a separate development, Duterte has waived his right to attend the ICC’s confirmation of charges hearing scheduled for February 23–27, according to a letter submitted to the court by his lawyer, Nicholas Kaufman.

In the signed statement, Duterte said he did not recognize the jurisdiction of the Hague-based tribunal and described his March 2025 arrest and transfer as a “kidnapping.” He said he did not wish to attend the proceedings in person or via video link.

“I am a Filipino citizen forcibly pushed into a jet and renditioned to The Hague in the Netherlands in flagrant contravention of my country’s Constitution and of national sovereignty,” he wrote.

Duterte, saying he’s “old and frail,” declared he did not wish to attend the proceedings, stating he had accepted his fate in prison. “I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail. I wish for this Court to respect my peace inside the cell it has placed me. I have accepted the fact that I could die in prison,” he said.

He also rejected the claim that he oversaw the policy of extrajudicial killings as an “outrageous lie” peddled by his political opponents.

Government Response

The government has rejected Duterte’s characterization, maintaining that the arrest and surrender complied with both domestic and international law.

The ICC is proceeding with the confirmation of charges process, during which judges will determine whether there is sufficient evidence for the case to go to trial.

📷 ICC