Questions have been raised around the way former Philippine President Rodrigo Duterte was picked up by police at the Ninoy Aquino International Airport (NAIA) in Manila, bundled up, and shoved into a private jet bound for Rotterdam in the Netherlands where he now waits to face the “International Criminal Court” (ICC) in The Hague.
Article 59 of the Rome Statute spells out in Item 4 that “the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court.”
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
The “custodial state” in this instance may have been the Philippines although, to be fair, the Philippines withdrew itself from the jurisdiction of the ICC back in 2019 under Duterte’s watch.
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Some have speculated that the above procedure may, instead, be performed in the Netherlands which remains a signatory to the Rome Statute and, presumably, is a valid “custodial state” in the context of Article 59 as such. According to a recent news report, “Duterte was taken to a detention center on the Dutch coast ahead of an initial court appearance in The Hague.”
No mention of whether Item 4 of the arrest procedure will be conducted as of this writing.
benign0 is the Webmaster of GetRealPhilippines.com.
bakit kasi nung nag withdraw sa ICC hindi din nag withdraw sa interpol , alam naman Nila that only police execute and enforced the warrant, why do they didn’t take care of the police and the withdrawal of the ICC is half baked they didn’t think deep enough
Had this international Criminal Cabal (ICC) picked up Israel Prime Minister Netanyahu in this manner, the Hague would already be starting to resemble Gaza.
Philippines has accepted this violation of its sovereignty because it suits the political interests of Marcos Jr.
The message from this administration is clear: “Philippines is open for business to Drug Lords.”
that is correct, it is open season for drug fiends and all manner of thievery of the national treasury, and foolish policemen knocking on the doors of the masonic lodges, hoping for a cut of the civilian rackets.
junior, his fancy ass “london bridge” education shown to be useless, has allowed himself to be trapped by the evil machinations of the liberals.
and has cast his lot with the traitors of the north, the modern day macabebes.
vengeance will come at the tip of 30 million ballpoint pens in may.
@DONN LISTON: “Philippines has accepted this violation of its sovereignty because it suits the political interests of Marcos Jr.”
The arrest of former President Duterte was in compliance with The Philippines’ commitment to INTERPOL, being a member country among its 196 member countries. The Philippines has been a member of INTERPOL since 1952. It derived from a request to the Philippine government from the INTERPOL to enforce the arrest warrant. It happened because of INTERPOL and not because of ICC.
The Duterte administration decided to withdraw The Philippines being an ICC State Party from the Statute in 2018 and that withdrawal took effect in 2019. And from then on, The Philippines has no official communications with ICC.
No victims of EJK decided to file a case (although they can if they wanted to) against Duterte in the local courts here during his administration, I guess, understandably, for obvious reasons. The case filed with the ICC started in 2017, long before Mr. Marcos Jr. even became president.
Here’s something below for your further examination and perusal:
[ REPUBLIC ACT NO. 9851, December 11, 2009 ]
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER For the perusal and education of Mr. Liston:
CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES
CHAPTER VII
JURISDICTION
SECTION 17. Jurisdiction. — The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met:
a. The accused is a Filipino citizen;
b. The accused, regardless of citizenship or residence, is present in the Philippines; or
c. The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their sentence.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/14826
it says foreign nationals
now go back to your silly little book and try to justify your evil machinations against a man who is a hero to millions.
vengeance will come in may
and mindanao will live free without the traitors of the north, the vile tagalogs and ilocanos
INTERPOL is an apprehension and arresting agency, ICC is a kangaroo court used when the legitimate national court system has no LEGAL reason to arrest or prosecute someone.
IF former President Duterte committed a crime in his capacity as elected PRESIDENT, the courts of Philippines have an obligation to prosecute him. He has not been charged in PH courts for his necessary War on Drugs.
For political reasons having to do with collapse of the Marcos/Duterty Unity Coalition, ICC chihuahuas have arrested Duterte and taken him to The Hague for a likely show trial.
BFD
By contrast, Bibby Netanyahu also has an ICC warrant for his arrest by INTERPOL, but that isn’t going to happen while he continues to eliminate Hamas terrorists in Gaza. The initial surprise terrorist attack on Israel killed some 1,200 people and so far in response some 49,000 Palestinians have been killed by Israel forces under President Netanyahu.
Good on Israel!
My point remains that arrest of a former PH president who served honorably would not happen anywhere else among First World Nations (like Israel) and it sends a message to criminals that New drug lord vermin are welcome in Philippines until somebody else forcefully deals with them in the future.
Furthermore, the spectacle of this ICC maneuver by Marcos will backfire in his face.
Come on man it was in Marcos’s interests!! Nothing more Nothing less! Got rid of Daddy now impeach the Daughter! Game of Thrones on full display yes Marcos won this round of treachery even though his Dad was given the burial he wanted under Duterte! Sara if you became President this would never have happened in the 1st place. So you becoming the next President whilst your Dad is in jail might just be a very bad idea with your current and soon to be forever mind state over your guilt/mistake of not running for President last time out.