Despite suits, no stopping ICC trial – Carpio
(UPDATE) THE International Criminal Court (ICC) will press forward with the trial of former president Rodrigo Duterte despite questions over the legality of his arrest, former Supreme Court associate justice Antonio Carpio said Tuesday. In an interview, Carpio asserted that while Duterte's legal team has the right to challenge the circumstances of his arrest before the ICC, their arguments are unlikely to succeed. "Whether the arrest is illegal or not, it will not deprive the ICC of jurisdiction to hear and decide on the complaint against former President Duterte," the former magistrate said. He noted that Duterte's camp could bring up the issue during the next ICC hearing in September or file a motion questioning the validity of his arrest. However, he emphasized that the ICC's authority over Duterte remains intact, as it is independent of the actions taken by the Philippine government in surrendering him to the court. "The rule in the ICC is very clear. Even if you are illegally arrested by the surrendering state, the ICC will still acquire jurisdiction over you once you are handed over. The ICC has nothing to do with how the surrendering state carried out the arrest," Carpio said. Duterte, who faces charges over alleged crimes against humanity linked to his administration's violent war on drugs, was taken into custody and is now in the Netherlands, where the ICC is headquartered. His legal team has signaled its intent to contest the process, arguing that his arrest violated Philippine laws. Despite these objections, Carpio said that precedent in international law suggests the trial will proceed as scheduled, reinforcing the ICC's mandate to hold individuals accountable for serious human rights violations.

(UPDATE) THE International Criminal Court (ICC) will press forward with the trial of former president Rodrigo Duterte despite questions over the legality of his arrest, former Supreme Court associate justice Antonio Carpio said Tuesday.
In an interview, Carpio asserted that while Duterte's legal team has the right to challenge the circumstances of his arrest before the ICC, their arguments are unlikely to succeed.
"Whether the arrest is illegal or not, it will not deprive the ICC of jurisdiction to hear and decide on the complaint against former President Duterte," the former magistrate said.
He noted that Duterte's camp could bring up the issue during the next ICC hearing in September or file a motion questioning the validity of his arrest. However, he emphasized that the ICC's authority over Duterte remains intact, as it is independent of the actions taken by the Philippine government in surrendering him to the court.
"The rule in the ICC is very clear. Even if you are illegally arrested by the surrendering state, the ICC will still acquire jurisdiction over you once you are handed over. The ICC has nothing to do with how the surrendering state carried out the arrest," Carpio said.
Duterte, who faces charges over alleged crimes against humanity linked to his administration's violent war on drugs, was taken into custody and is now in the Netherlands, where the ICC is headquartered. His legal team has signaled its intent to contest the process, arguing that his arrest violated Philippine laws.
Despite these objections, Carpio said that precedent in international law suggests the trial will proceed as scheduled, reinforcing the ICC's mandate to hold individuals accountable for serious human rights violations.