Carpio: Congress resos won't sway ICC on Rodrigo Duterte's interim release

MANILA, Philippines — Senate and House resolutions have been filed both in support of and against former President Rodrigo Duterte’s bid for interim release, but a legal expert says these carry no weight.

Retired Supreme Court Associate Justice Antonio Carpio said on Monday, July 14, that the International Criminal Court (ICC) has already ruled that it has jurisdiction over Duterte’s crimes against humanity case.

“Well, it will not matter… because the ICC has acquired jurisdiction over the person of former President Duterte. And they've already said that they have jurisdiction,” he said on ANC's "Headstart". 

When it comes to Duterte’s bid for interim release, Carpio stressed that congressional resolutions — whether backing or blocking his request, or pushing for house arrest in the Philippines — won’t influence the ICC’s ruling.

“So I think all of these resolutions in the Senate, in the House, will just amount to nothing,” he said. “It’s just noise for me.” 

Carpio believes the reason behind the filing of such resolutions is more to gather support rather than influence the ICC’s decision.  

“I mean, they're just trying to play to the gallery, to the DDS (die hard Duterte supporters) people, but that will not influence at all the ICC,” he added. 

What resolutions were filed?

Sen. Alan Peter Cayetano filed a resolution asking the Philippine government to support Duterte’s interim release and instead have him placed under house arrest in the Philippines, rather than detained in the Netherlands or any other country.

But lawyers pushed back, including Rep. Terry Ridon (Bicol Saro Party-list), who reminded Cayetano that the Philippines can no longer work with the ICC after Duterte withdrew from the Rome Statute.

Ridon said on July 11 that Duterte might have been allowed detention in his home country had he not withdrawn the Philippines from the Rome Statute in 2018, which took effect in 2019. 

Rep. Leila de Lima (ML Party-list), meanwhile, dismissed the resolution as mere “political posturing.”

Over at the House, Makabayan bloc lawmakers filed a resolution calling on the lower chamber to oppose efforts pushing for Duterte’s interim release.

Interim release bid

Duterte’s defense asked the ICC’s Pre-Trial Chamber I to grant him temporary release while awaiting a decision on whether the case will proceed to trial. They argued that the former president is not a flight risk and poses no threat to the families of extrajudicial killing victims.

Official government data puts the death toll from his administration’s war on drugs at around 7,000. Human rights groups, however, estimate the number of victims at 12,000 to 30,000, citing many cases that police failed to investigate.

Duterte’s main defense for seeking interim release is his age and poor health. His family — former wife Elizabeth Zimmerman and daughter Vice President Sara Duterte — have even described him as “skin and bones.” Both, however, have also called Duterte "healthy" despite losing weight and refusing to eat the food prepared for him. 

However, the ICC assures that it has adequate healthcare services for detainees at no cost. It also allows detainees to request food that supports their health and respects their cultural preferences.

RELATED: Families of drug war victims want Rodrigo Duterte alive to stand trial — ICC lawyer

Doubt on interim release

Carpio expressed doubt that the ICC will grant Duterte’s interim release, citing the strong opposition from the prosecutor and the public counsel for victims.

“Well, they can grant, but based on what they've decided in the past, [it seems like] they will not grant,” he said. 

Carpio said Duterte can’t be trusted not to flee, especially since he refused to surrender and still doesn’t recognize the ICC’s jurisdiction.

Granting interim release, Carpio added, could give Duterte the chance to call on his wealthy friends to help him by providing an aircraft. He also pointed out that Duterte continues to wield significant political influence, as evidenced by his election as Davao City mayor.

The ICC has yet to rule on Duterte’s interim release bid. The confirmation of charges hearing is scheduled for September 23, where the prosecution will justify a trial, and the defense will try to have the case thrown out.