Justice Secretary Jesus Crispin Remulla asserted on Thursday that while the International Criminal Court (ICC) does not have jurisdiction over the Philippines, it retains authority over individuals accused of committing humanitarian crimes.
"It is not the Philippines that is under the jurisdiction, it is the individuals who are charged by the ICC," Remulla said during the Senate's probe into the arrest of former President Rodrigo Duterte.
"The ICC has no jurisdiction over us as a country, but over the individuals who may have committed crimes that violate international humanitarian law, which is a universal value held by the world today. People cannot cross borders and hide behind boundaries to run away from the law," he explained.
Remulla also noted that international humanitarian law has been adopted by more than 150 countries since 2009, defending the validity of the arrest of Duterte, who has been charged with crimes against humanity by the ICC.
"The ICC trials people for individual crimes, not states," said the juctice secretary.
"When the ICC is going after individuals, that obligation is another kind of obligation," he added.
These statements followed Sen. Imee Marcos’ previous remark about her younger brother, President Ferdinand Marcos Jr., saying that the ICC has no jurisdiction over the country.
Sen. Marcos questioned this statement in the government's response to the arrest of the former president.
"You are part of the executive. The president has said, for the hundredth time, that we are not under the ICC. Why is the SOJ now saying that we are, nevertheless, somehow in some miraculous way, under the rubric of International Humanitarian Law and still under its jurisdiction?" Marcos asked.
In response, the Justice Secretary said that "minds can change."
On the other hand, the senator argued that procedural and administrative matters do not form part of customary law, and matters such as these must still "comply with the laws of the land."
Remulla mentioned that the former president was arrested due to an arrest warrant issued through International Criminal Police Organization (INTERPOL), stressing the country’s commitment to the organization, which has assisted the Philippines on multiple occasions.
Duterte was arrested on March 11 at NAIA Terminal 3 upon his arrival from Hong Kong. Later that same day, he was flown to The Hague in the Netherlands.
Malacañang previously revealed that just hours before Duterte's arrival in the country, INTERPOL Manila received the official copy of the ICC warrant, prompting the Prosecutor General of the Department of Justice to enforce it.
The ICC’s arrest warrant cites Duterte’s alleged crimes against humanity, including murder, torture, and rape, during his term as president and as mayor of Davao City, where he was reportedly the head of the Davao Death Squad (DDS).
The 79-year-old is currently in the custody of the ICC at the Scheveningen detention center.
On March 14, he appeared in his first ICC hearing via video link, during which he was informed of the crimes he is accused of and made aware of his rights as a defendant.
The confirmation hearing for the charges against him is scheduled for September 25, 2025.
