Just Law and Logic Only: My Thoughts Why Duterte, Bato, and Responsible Parties Should be Arrested
First of all, according to a news article in 2023: "Former Philippine president Rodrigo Duterte said he would “face the music” and “rot in prison” after the International Criminal Court (ICC) rejected an appeal to postpone its probe into his bloody war on drugs. “Wala akong pakialam basta ginawa ko yung dapat kong gawin (I don’t care, as long as I did what I had to do),” said Duterte, speaking before the National Convention of the Philippine Prosecutor’s League in Davao City on Wednesday, March 29." From a legal perspective, public statements of defiance-such as declaring a willingness to 'rot in prison'-can be interpreted as an acknowledgment of the severe legal vulnerabilities surrounding the execution of the anti-drug campaign. While framed as a defense of state policy, such admissions provide critical context regarding the deliberate nature of the operations now being scrutinized by international jurists. It was for a good purpose, but the ways were wrong.
Secondly, with that statement, Duterte, Bato, and other responsible allies should be arrested by the ICC. Here are the reasons why:
- Assuming that a local warrant is needed, then what if the next years or next administration the ex president or his political faction is still very influential, just like today, do you think a warrant will be issued? Take note since 2022, no warrants were issued just to arrest Digong, Bato, and company. Thats why the ICC stepped in to issue a warrant of arrest because precisely local courts failed to issue a warrant within reasonable time. He is very influential because with his brand alone, Robin was able to clinch Top 1 in the senatorial race, Camille Villar able to secure a spot when she was losing before transferring to Duterte's side, BBM was able to win the presidency because of his allegiance then with Sara, etc. Do you also recall the time Sara punched a sheriff just because he was just doing his duty? If a local warrant is needed, then that could potentially make the ICC useless, especially if the ex-president or ex-official is still powerful even after his term ended. In technical terms: The complete absence of local criminal prosecutions against high-ranking officials years after the alleged offenses-despite widespread documentation of the acts-constitutes a prima facie case of state unwillingness and functional inability under Article 17 of the Rome Statute. Because deep-seated political influence paralyzes the standard territorial machinery of the Revised Penal Code, the specialized, independent track of international enforcement under R.A. No. 9851 becomes the only viable pathway to satisfy the demands of justice. Under Article 17 of the Rome Statute, the ICC acts as a global safety valve that triggers only when a sovereign nation is genuinely unable or unwilling to prosecute.
- Also, what if one would say that "if a local warrant isn't needed, it could be weaponized by the ruling powers to dispose or deport any major enemies." Well, that's precisely what Bato filed in the Supreme Court which it just rejected yesterday. If you feel that the case of deportation is unfair or has no grounds, then one can just simply file a TRO to the SC or a petition for certiorari. If an accused wishes to challenge an international arrest, the proper remedy is not to demand a local warrant, but to file for specific constitutional safeguards (such as petitions for Certiorari or Injunction) in Philippine courts. Although the Supreme Court is yet to release this coming Monday its reasoning why it rejected Bato's TRO, my opinion, theory or speculation is that there is probable cause for the case against him (via the countless documentations and statements) and the Supreme Court’s denial of the TRO suggests that the petitioners failed to demonstrate a clear, unmistakable, and imminent danger to their life or liberty that would justify stopping law enforcement action. While some commentators and allies highlighted the recent Senate shooting as a security threat, the court likely evaluated the circumstances surrounding Senator Dela Rosa’s sudden return to the chamber, the timing of the leadership change under Senate President Cayetano, and the statements of Sec. Remulla clarifying that the Senate itself was not under an institutional attack, concluding that a judicial halt to an international warrant was unwarranted. Looking at the timeline through the lens of circumstantial evidence, the political maneuvering is hard to ignore. Senator Dela Rosa’s sudden emergence from months of hiding precisely in time to cast a crucial vote for Senate President Cayetano-who now holds immense institutional power over the chamber-presents a highly convenient sequence of events. When you couple this with the coordinated live streams of allied senators, the historical PMA ties with OSAA Head Aplasca, and Sec. Remulla’s categorical statement that the Senate was not under an institutional attack, the narrative of an imminent security threat begins to look less like a legal justification for a TRO and more like strategic political staging. For emphasis: STRATEGIC POLITICAL STAGING. Meanwhile, In an interview with One PH's Aplikante on March 5, Dela Rosa said, "Hindi ako natatakot. Bring it on." So Mr. Senator Bato, nasan na yung tapang mo ngayon? Bring it on, wag kana magtago!
- One might also say "Hindi na tayo member sa ICC." Well, in Pangilinan v. Cayetano (2021), the Supreme Court ruled that the Philippines' withdrawal from the Rome Statute did not erase its legal obligation to cooperate in proceedings that began before the withdrawal took effect. Meaning, the crimes committed before the withdrawal were still and until now under the jurisdiction of the ICC. Just imagine that President A committed warcrimes or crimes against humanity, how unfair would that be if he would escape accountability just because he withdrew membership from the ICC. That would create a way for acquittal for offenders to just withdraw from the ICC to prevent accountability.
- And this Duterte/Bato saga isn't even the most extreme case of the intersection of domestic and international law. Because are you aware of the organization called UN Security Council? Do you remember the Kosovo Bombing Campaign (1999) — Operation Allied Force? During that time, good luck bringing Yugoslav and Serbian to the ICC because there was no ICC at that time. But do you recall the Nuremberg Trials? Yeah that was one of the earliest forms of the ICC back then before its birth. Also, in 2011, do you recall the NATO Intervention in Libya (2011) — Operation Odyssey Dawn? Even if the ICC was already in existence in 2011, good luck bringing Libya to the ICC during that time. That's why other nations intervened like the USA. The point here is this: There are two kinds of crimes you could commit while in your country - the territorial crimes like the RPC and the universal crimes like crimes against humanity. That's why the "local warrant theory" wouldn't hold. Although the Supreme Court is yet to decide whether it is really required, but I bet it would decide that a local warrant isn't needed, with precedents like R.A. No. 9851 and Pangilinan v. Cayetano (2021). But at least I appreciate the D-D-S for defending like that because it will help enrich Philippine legal jurisprudence and to be more specific about certain matters.