'China unlikely to carry out ICC arrest of Duterte'
MANILA, Philippines — Former presidential spokesperson Salvador Panelo is confident that his former principal, former President Rodrigo Duterte, will not be arrested by the Interpol in Hong Kong as China has "no relations" with the International Criminal Court.
The legal counsel of Duterte said he also believes China will not act on any order to arrest a non-Chinese citizen.
"ICC has no jurisdiction. Interpol is acting [on] behalf of the ICC. The ICC and China have no relations... because China is not a member of the ICC," Panelo said in an interview with ANC's Dateline on Monday, March 10. "So why should China be helping the ICC acting through Interpol, assuming it is acting legally?"
"I don't think the Chinese government will intervene in the case involving a non-Chinese citizen," he added.
The former presidential spokesperson's comments follow reports over the weekend that say the ICC has issued an arrest warrant for Duterte over alleged crimes against humanity during his brutal campaign against illegal drugs. The ICC Office of the Prosecutor has neither confirmed nor denied these reports, maintaining its policy of not commenting on ongoing investigations.
Duterte left for Hong Kong last Friday, March 7, to attend a "Pasasalamat kay PRRD with OFWs" event at the Wan Chai district in the city — an event that was also attended by his daughter, Vice President Sara Duterte.
It was during this rally that Duterte told his supporters that he was willing to accept his possible arrest "if that is my fate."
The former president has made similar remarks at a House hearing on the extrajudicial killings during his anti-illegal drugs campaign.
ICC limitations
The ICC itself has no police force or enforcement body to execute arrest warrants. As a judicial institution, it relies entirely on cooperation from member states and international organizations like Interpol to make arrests, transfer suspects to The Hague, freeze assets, and enforce sentences.
This enforcement limitation explains why the ICC would potentially work through Interpol to seek Duterte's arrest. The international police organization has a global reach that includes both China and the Philippines among its 196 member countries.
China and the ICC
China is not a member of the ICC and was one of only seven states that voted against the adoption of the Rome Statute in 1998. While China participated in drafting the statute and has expressed some support for the court's mission, it has maintained concerns about potential political bias and has never ratified the treaty.
Meanwhile, Hong Kong has a separate legal system from China as a special administrative region. But the Chinese government has increasingly exerted full control over the city's governance in recent years.
Honoring Interpol demands
While the Marcos administration has repeatedly maintained that the ICC has no jurisdiction over the Philippines as it is no longer a member, it says it will honor any request from the Interpol to make an arrest of a person subject to ICC jurisdiction.
Malacanang, however, clarified on Monday that it has yet to receive any formal communication from the Interpol regarding a red notice for the former president.
Meanwhile, the Philippine National Police (PNP) on Monday said it is "fully prepared" to assist the Interpol should they request help in arresting Duterte. PNP spokesperson BGen. Jean Fajardo emphasized that as an Interpol member, the Philippines has "a legal obligation to reciprocate the courtesy given to us by Interpol."
Court of last resort
The ICC has been investigating the alleged crimes against humanity in the "war on drugs" carried out during Duterte's term as president, and earlier, as Davao City mayor, since 2017.
The ICC is seen as a court of last resort by relatives of those killed in Duterte's anti-illegal drugs campaign due to local courts' failure to effectively prosecute those behind victims' killings. The government estimates the death toll to be about 6,000, while rights groups say the figure could reach as high as 30,000 people, including innocent civilians.
Despite the Philippines' official exit from the ICC in March 2019, the court maintains jurisdiction over crimes allegedly committed while the Philippines was still a member state, prior to its withdrawal from the Rome Statute in 2018.
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