Office of the Prosecutor
International Criminal Court (ICC)
Oude Waalsdorperweg 10
2597 AK, The Hague
The Netherlands
Dear Hon. Justice Lulia Motoc:
I write this letter with deep concern regarding the unjust and politically motivated actions taken against former Philippine President Rodrigo “Roa” Duterte. It is disheartening to witness how the International Criminal Court (ICC), an institution that claims to uphold justice, has disregarded the very foundation of its legal framework—the Rome Statute—and has acted beyond its jurisdiction.
I am writing to formally request clarification regarding the legal authority and specific laws applied by the International Criminal Court (ICC) in issuing a warrant of arrest against the former President of the Republic of the Philippines. Given the Philippines’ previous withdrawal from the Rome Statute, there is a growing public concern regarding the jurisdictional basis and the legal framework under which this decision was made.
In the interest of transparency and adherence to due process, I respectfully seek answers to the following inquiries:
- Jurisdictional Authority – Under what legal provisions does the ICC claim jurisdiction over the former President, considering that the Philippines officially withdrew from the Rome Statute on March 17, 2019?
- Applicable Laws and Precedents – What specific articles of the Rome Statute or other international legal instruments were used as the basis for the arrest warrant?
- Legal Basis for Retroactive Application – If the warrant pertains to alleged crimes committed before the Philippines’ withdrawal, what legal justifications permit the ICC to continue its proceedings despite the country’s non-membership?
- Procedural Due Process – What steps were taken by the ICC to ensure that the rights of the accused were observed, and was the government of the Philippines given an opportunity to present its position regarding the matter?
Given the implications of this decision on national sovereignty and international legal norms, I believe it is imperative for the ICC to provide a clear justification for its actions. This will not only uphold the principles of justice but also assure the Filipino people and the international community that due process is being followed in accordance with international law.
I look forward to your response at your earliest convenience. Kindly provide the requested information through my contact details above.
Violation of Article 59 of the Rome Statute
The Philippines is no longer a member of the ICC. It officially withdrew from the Rome Statute in 2019, and as such, the Court no longer has jurisdiction over its citizens, including President Duterte. Furthermore, even under Article 59 of the Rome Statute, due process must be strictly followed when detaining an accused individual. This includes:
- The immediate review of the legality of the arrest by a competent judicial authority.
- Ensuring the person’s rights are fully respected, including legal representation.
- Proper notification of the charges and warrant of arrest.
However, these provisions were blatantly disregarded when Duterte was arrested upon his return from Hong Kong. He was immediately brought to Villamor Airbase instead of a competent judicial authority, and he was denied access to a copy of the warrant of arrest. Moreover, CIDG Major General Nicanor Torre rushed to have him transported to The Hague, failing to provide an opportunity for legal intervention and due process.
Violation of the Philippine Constitution
The Philippine Constitution guarantees every citizen the right to legal counsel and protection from unlawful detention. Specifically:
- Section 12 of the Bill of Rights states that every person has the right to legal assistance, including free counsel if necessary.
- President Duterte requested the presence of his daughter, Vice President Sara Duterte, as his legal representative. This request was unjustly denied, further violating his constitutional rights.
How can the ICC claim to uphold justice when its actions directly contradict international legal standards and the national laws of a sovereign state?
A President Who Served the People
Rodrigo Duterte led the Philippines with a firm hand, making it a safer place for its citizens. His administration fought against illegal drugs, corruption, and criminality, ensuring peace and order across the nation. Instead of recognizing these accomplishments, the ICC has chosen to focus on selective and politically charged accusations, ignoring the overwhelming support Duterte continues to receive from the Filipino people.
The ICC’s Credibility at Stake
Your Court’s actions have set a dangerous precedent. If the ICC continues to be a tool for political persecution rather than an impartial institution for justice, it will lose its credibility. Many nations may reconsider their membership if they see that the Court is being manipulated to serve the interests of the powerful rather than uphold the principles of justice and fairness.
Furthermore, protests outside your Court demonstrate that even the so-called “victims” of extrajudicial killings reject your narrative. Many families have publicly stated that their deceased relatives were not killed as part of Duterte’s war on drugs, contradicting the very foundation of your case.
Demand for Immediate Release
Given the clear violations of due process, the Philippine Constitution, and the Rome Statute itself, I urge you to immediately release President Rodrigo Duterte. If the ICC truly values justice, it must correct this grave mistake before it permanently damages its own legitimacy.
History will judge your decision. Do what is right while you still can.