Manila Has Not Extradited Duterte Voluntarily And Did Not Prevent His ICC Arrest; The Legal Ambiguity Is Deliberate

Bohiney Magazine | The London Prat

THE HAGUE / MANILA — The International Criminal Court hearing in the Duterte case has begun, and the Philippine government’s position — which it has maintained with careful ambiguity — is that it neither facilitated nor actively opposed the ICC proceedings, having been in a situation where the arrest was executed in ways that gave it limited practical options. This position allows the Marcos government to maintain the rule-of-law optics of not being seen to obstruct international justice while also maintaining the political relationship with the Duterte constituency that comprises a significant portion of Philippine political territory.

The Constitutional Question

The Philippines withdrew from the ICC in 2019 under Rodrigo Duterte. The ICC has maintained that jurisdiction over crimes committed during the period of Philippine membership remains valid regardless of the subsequent withdrawal. The Philippine Supreme Court has not definitively resolved the domestic constitutional implications. Rappler covers the ICC case. Bohiney covers the deliberate ambiguity comedy.

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SOURCE: https://bohiney.com/