The International Criminal Court (ICC) has stated that it is “highly unlikely” for former Philippine President Rodrigo Duterte to be sent back to the Philippines after his arrest and transfer to ICC custody.
According to Atty. Kristina Conti, assistant to counsel at the ICC, the court and the Philippine government operate under different jurisdictions and legal frameworks, preventing either from interfering with the other’s proceedings. “They cannot order each other to act in a certain way… The ICC follows the Rome Statute, while the Philippines adheres to its Constitution, and these are two very different legal systems,” Conti explained.
Duterte is facing charges of crimes against humanity over his controversial anti-drug campaign, which was carried out both during his presidency and his tenure as mayor of Davao City. The ICC has accused him of being responsible for thousands of extrajudicial killings linked to the war on drugs.
His next scheduled appearance at the ICC for the confirmation of charges is set for September 23, 2025. This hearing will determine whether there is enough evidence for a full trial to proceed.
As the case moves forward, international and domestic reactions remain divided, with Duterte’s supporters arguing that the ICC has no jurisdiction over the Philippines, while human rights advocates insist on holding him accountable for alleged abuses.