MANILA, Philippines – In a stunning turn, findings from a Senate probe led by Senator Imee Marcos are now key evidence in former President Rodrigo Duterte’s fight against the International Criminal Court (ICC). His lawyers are using details from her investigation to argue the ICC has no right to judge him.
The defense team recently challenged the ICC’s power over the Philippines case. A major piece of their argument? A letter from current President Ferdinand Marcos Jr. himself.
This letter, sent to Vice President Sara Duterte (Rodrigo Duterte’s daughter) back in December 2023, seemed clear. President Marcos wrote that the government would not “assist the ICC, in any way, shape or form.” Senator Imee Marcos revealed this letter during a Senate hearing on March 20. In it, the President sounded firm, questioning the ICC’s authority after the Philippines left the court agreement.
But things changed dramatically. More than a year later, the once-strong Marcos-Duterte alliance looks broken. And former President Duterte ended up arrested and sent to the ICC in The Hague.
Why the sudden shift? President Marcos explained he allowed the arrest because the Philippines must follow rules set by the International Criminal Police Organization (Interpol). The ICC sent the arrest request through Interpol.
Senator Imee Marcos’s investigation focused heavily on how her predecessor was arrested and handed over. She even suggested recently that government officials involved in the arrest might face charges.
Duterte’s lawyer, Nicholas Kaufman, confirmed the Senate probe could be very helpful. “Thank you to Senator Imee Marcos because she helped push for an investigation on the kidnapping of president Duterte,” Vice President Sara Duterte said at a recent rally, showing gratitude. She added the probe helps “gather evidence that we can use for the case.”
The defense lawyers argue the ICC stepped in too late. They filed their challenge on May 1, stating the Philippines was no longer an ICC member when the court authorized its investigation in 2021. “A State must be a State Party at the time of the exercise of jurisdiction,” they wrote, quoting the rules. The Philippines, under then-President Duterte, left the ICC back in 2019 after the court started looking into his drug war.
Senator Marcos remains hopeful. She believes the evidence gathered in her hearings exposes problems with the arrest and strengthens the case against the ICC’s jurisdiction. “It is our hope that with these hearings, we were able to get the sham facts,” she told reporters. Drawing a personal parallel, she added, “I won’t lose hope because this also happened to my father… We were kidnapped… It is important that we fight for this.”
The legal battle continues, with the Senate probe adding a new, unexpected layer to the fight over Duterte’s fate and the ICC’s power in the Philippines.
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