World News

Philippines Faces Legal Turmoil Over Duterte ICC Case

Government officials defend legal actions as the ICC rejects Duterte’s interim release and misinformation spreads about the case’s status.

6 min read

On December 3, 2025, the political and legal landscape in the Philippines was thrown into sharper relief as a series of developments unfolded around the International Criminal Court’s (ICC) ongoing proceedings against former President Rodrigo Duterte and his close ally, Senator Ronald "Bato" dela Rosa. With the ICC’s investigation into alleged crimes against humanity stemming from Duterte’s notorious war on drugs, both the Philippine government and the international community are watching closely as the drama continues to play out, both in Manila and The Hague.

Interior and Local Government Secretary Jonvic Remulla made headlines when he declared that the Philippine government would comply with a validated ICC arrest warrant for Senator Dela Rosa if such a warrant were officially recognized. "If the warrant of arrest is issued as validated by the Philippine Center for Transnational Crime or the Department of Justice or the International Criminal Police Organization, then we’ll arrest him," Remulla stated in an interview with GMA’s Balitanghali. This announcement came amid swirling rumors and unverified reports about the existence of such a warrant, which, according to Ombudsman Jesus Crispin Remulla, had been shown to him in November but had yet to be officially authenticated as of early December.

Dela Rosa, a former Philippine National Police chief and widely regarded as the chief architect of Duterte’s bloody anti-drug campaign, has notably been absent from Senate proceedings since the claims about the ICC warrant surfaced. The absence has only fueled speculation and concern about the potential reach and impact of the ICC’s actions inside the Philippines.

Meanwhile, former President Duterte himself remains at the center of the storm. Since his arrest in Manila in March 2025, Duterte has been detained at the ICC’s custodial facility in The Hague, facing charges linked to thousands of deaths attributed to his administration’s war on drugs. On December 3, 2025, the ICC Appeals Chamber rejected Duterte’s request for interim release, upholding an earlier decision that denied his plea on humanitarian grounds, despite his legal team’s arguments about his advanced age and declining health. According to reporting by N18G, the court continues to assess whether the evidence of alleged extrajudicial killings meets the threshold for a full trial.

Adding another layer to the already complex legal saga, the Office of the Solicitor General (OSG) of the Philippines made a dramatic return to Supreme Court proceedings related to the ICC investigation. On December 1, 2025, the OSG filed a manifestation to rejoin the Supreme Court case involving Duterte and Dela Rosa’s petition, which challenges both the ICC investigation and Duterte’s arrest and transfer to The Hague. This move marks a significant reversal from the agency’s previous stance under former Solicitor General Menardo Guevarra, who had recused the OSG from similar cases due to ethical concerns and the Philippines’ 2019 withdrawal from the Rome Statute, the ICC’s founding treaty.

The Palace was quick to defend the OSG’s about-face. On December 4, 2025, Palace Press Officer Claire Castro emphasized that the OSG’s actions were strictly within its legal mandate and not motivated by political considerations. "The Palace cannot speak for the past actions or personal views of former Solicitor General Menardo I. Guevarra. At present, the OSG is simply performing its duty and correcting what must be corrected under the law," Castro told reporters. She reiterated that the OSG’s current positions reflect institutional responsibilities rather than any attempt to shield particular individuals from prosecution.

Not everyone was convinced by the government’s explanation. Davao-based lawyer Israelito Torreon, who originally lodged the case before the Supreme Court, criticized the OSG’s abrupt return. Torreon argued that the agency’s participation contradicted its earlier sworn position, which cited conflicts of interest and the Philippines’ supposed lack of obligation to cooperate with the ICC after leaving the Rome Statute. The shift in the OSG’s stance has sparked debate among legal experts and politicians alike, with some seeing it as a sign of institutional recalibration and others as a potential source of further legal confusion.

Amid these legal maneuvers, social media has become a battleground for misinformation. On December 3, 2025, Rappler issued a fact-check debunking viral claims that the ICC had reversed its decision and granted Duterte interim release. The falsehood, which circulated widely on Facebook, included a fabricated quote attributed to an ICC judge and a doctored photograph. The supposed statement claimed that Duterte would be allowed to spend Christmas in the Philippines with his family, but Rappler confirmed that the ICC’s decision was final and that there was no mechanism for a motion for reconsideration within the court’s rules. As Rappler noted, "The ICC did not reverse the decision made by its appeals chamber to reject Duterte’s request for interim release on November 28. The decision is considered the final judgment because there is no higher court in the ICC after the appeals chamber." The ICC’s website contained no updates beyond the November 28 decision, and legal experts clarified that any new request for interim release would require substantially new grounds or developments, none of which have occurred.

These developments come against the backdrop of the Philippines’ fraught relationship with the ICC. When the country withdrew from the Rome Statute in 2019, then-Justice Secretary Guevarra argued that the Philippines was no longer under the ICC’s jurisdiction. However, the ICC maintains that it retains authority over alleged crimes committed while the Philippines was still a member. This ongoing dispute has shaped much of the legal strategy and public discourse surrounding the cases against Duterte and his allies.

As the Supreme Court continues to assess the challenges tied to potential ICC actions, the stakes remain high for Duterte, Dela Rosa, and the broader Philippine political establishment. The ICC’s continued investigation into alleged extrajudicial killings during the war on drugs, the Philippine government’s shifting legal tactics, and the persistent spread of misinformation have all combined to create a climate of uncertainty and anxiety.

For now, Duterte remains in custody in The Hague, his interim release denied, while Dela Rosa’s fate hangs in the balance, dependent on the validation of an ICC warrant and the evolving stance of Philippine authorities. The OSG’s renewed involvement in the Supreme Court case signals that the legal and political battles over accountability for the war on drugs are far from over. With international scrutiny intensifying and domestic debates raging, the coming months promise further twists in a saga that continues to test the resilience of the Philippine justice system and the country’s relationship with international law.

Sources