The Philippine government is free to collaborate with the International Criminal Court (ICC) without legal restrictions, according to the Department of Justice (DOJ). This assertion comes as the Supreme Court (SC) reviews petitions challenging the arrest and transfer of former President Rodrigo Duterte to the ICC. DOJ spokesperson Adrian Martinez stated, 'If we were to coordinate with the ICC now, there would be no legal prohibition. Legally at least, that’s clear.'
The petitions were filed with the SC to question the legality of Duterte's arrest. Martinez emphasized the need to await the SC's decision, as the DOJ considers it prudent to do so. This follows Duterte's arrest in March 2025, where he and Senator Ronald Dela Rosa requested the SC to prohibit the government from cooperating with the ICC and Interpol. Duterte's children have also filed pending petitions, arguing that their case is not moot.
Martinez clarifies that current laws do not explicitly prohibit coordination with the ICC or Interpol. Despite withdrawing from the Rome Statute in 2019, there is no law declaring such coordination unconstitutional. These remarks were made after Ombudsman Jesus Crispin Remulla's meeting with ICC investigators in 2025, while he was serving as Secretary of Justice. The DOJ official confirms that no meetings have occurred between Secretary Vida, DOJ officials, and the ICC. The former president faces charges of crimes against humanity for alleged killings during his time as mayor and president, as confirmed during a four-day hearing in February 2025.
