Sen. Cayetano Questions Legality of Surrendering Duterte to ICC – A Constitutional Debate

Sen. Cayetano Questions Legality of Surrendering Duterte to ICC – A Constitutional Debate

The Senate Foreign Relations Committee recently held a hearing on the legality of surrendering former President Rodrigo Duterte to the International Criminal Court (ICC) over allegations of human rights violations. The discussion revolved around constitutional provisions, extradition laws, and the supremacy of Philippine law over international obligations.

Key Issues in the Senate Debate

1. Due Process and Legal Protections
Lawmakers stressed that the Philippine Constitution guarantees due process for every citizen. Any arrest or extradition must follow legal procedures, ensuring that Duterte is informed of charges and given legal representation.

2. Constitution vs. International Law
Senators argued that the Philippine Constitution takes precedence over international treaties, including the Rome Statute, which established the ICC. This raises legal questions about whether ICC rulings can override national sovereignty.

3. Extradition Concerns and Legal Process
Concerns were raised about the potential extradition of Duterte without a local judicial ruling, which could violate his constitutional rights. Legal experts emphasized that any surrender must undergo proper court proceedings.

4. Historical Context of Human Rights Protections
The Philippine Constitution was designed with strong human rights safeguards. Senators referenced past legal precedents, arguing that adherence to constitutional protections should guide decisions regarding Duterte’s extradition.

5. Consequences of Surrendering Duterte to ICC
The hearing examined whether handing over Duterte to the ICC would be a breach of due process, undermining Philippine legal jurisdiction. Senators highlighted the risk of setting a precedent that could affect future leaders.

What’s Next?

The debate over Duterte’s possible surrender to the ICC remains unresolved, with legal experts and lawmakers continuing to assess constitutional boundaries and international commitments.

Final Thoughts

This case underscores a crucial legal battle between national sovereignty and international justice, shaping how the Philippines interacts with global institutions like the ICC.


Video Credit: GMA Integrated News