History has shown that those intoxicated by power eventually overstep their bounds, mistaking their momentary control for invincibility. The administration of Ferdinand "Bongbong" Marcos Jr. has now demonstrated precisely this folly, trampling on legal principles and constitutional safeguards in a brazen display of political opportunism. In its reckless pursuit of consolidating authority, the Marcos regime has blatantly violated the rights of former President Rodrigo Duterte, exposing both its authoritarian tendencies and its profound ignorance of international law.
The Illusion of Unchecked Power
Power corrupts, and absolute power corrupts absolutely. The current administration’s actions suggest a dangerous detachment from reality, a belief that the Office of the President is above scrutiny. It is reminiscent of the cognitive decay induced by illicit substances—once the mind is affected, there is no telling what reckless behavior will follow. Marcos Jr. and his allies have grown so emboldened that they failed to recognize that even in a system as flawed as the Philippines’, there remain institutional checks against their excesses.
The recent legislative hearings, led by none other than Senator Imee Marcos, have laid bare the extent of the administration’s overreach. The preliminary findings of the investigation underscore an irrefutable truth: the Philippines had no legal obligation to arrest former President Duterte and hand him over to the International Criminal Court (ICC). The justification provided by the Marcos administration was flimsy at best, criminally negligent at worst.
No Legal Basis for Duterte’s Arrest
The Marcos administration’s narrative—that Duterte’s arrest was a necessary step in fulfilling international obligations—falls apart under even the most cursory examination. The so-called "Diffusion Notice" from the ICC lacks the force of a binding legal instrument. Unlike a Red Notice, which carries a request for arrest and extradition approved by the Interpol Secretariat, the Diffusion Notice received by Philippine authorities was nothing more than an informal request. Crucially, this notice was neither verified by Interpol nor grounded in any treaty obligation that would compel Philippine law enforcement to act upon it.
The ICC’s own procedures clarify that a Diffusion Notice under Article 92 of the Rome Statute merely initiates a provisional arrest—it does not mandate surrender. Furthermore, the ICC never followed up with a formal request for Duterte’s extradition or surrender. The Marcos administration’s hasty decision to act on a legally ambiguous notice is not just an error; it is a deliberate violation of due process and Philippine sovereignty.
Compounding the legal farce is Justice Secretary Jesus Crispin Remulla’s flawed argument that international humanitarian law (IHL) provides jurisdiction over Duterte. This claim collapses under basic scrutiny. Duterte is accused of crimes against humanity, not war crimes, making IHL irrelevant in this context. Additionally, procedural matters, such as court processes and jurisdictional questions, do not automatically become part of customary international law. ICC jurisdiction is not inherent—it is consent-based, and the Philippines, having withdrawn from the ICC in 2019, has explicitly revoked that consent.
Collusion with the ICC: A Betrayal of National Interest
Beyond legal misinterpretations, what is most damning is the Marcos administration’s apparent collusion with the ICC to ensure Duterte’s arrest. The timeline of events suggests premeditation, with Philippine law enforcement mobilizing even before the official Diffusion Notice was received. The Philippine National Police (PNP) was already taking action on March 10, while National Security Adviser Eduardo Año was closely monitoring Duterte’s camp. On March 11, the day the notice was issued, the trap had already been set.
Statements from key officials further confirm the administration’s intent to cooperate with the ICC, even when doing so directly contradicted national sovereignty. As early as November 2024, Executive Secretary Lucas Bersamin openly declared that the Philippines would honor an ICC request if transmitted through Interpol. This statement is a betrayal of the fundamental duty of the state: to protect its own citizens from undue foreign intervention.
The willingness of the Marcos regime to hand over a former Philippine president to a foreign tribunal is not just a violation of Duterte’s individual rights; it is an assault on the very concept of national sovereignty. It signals to the world that the Philippine government is willing to surrender its own citizens for political expediency. No self-respecting state does this. Instead of upholding the constitutional duty to defend its people from external coercion, Marcos Jr. has submitted to the dictates of an international body that holds no legitimate jurisdiction over the Philippines.
An Impeachable Offense
Marcos Jr. and his administration have made a grave miscalculation. The illegality of Duterte’s arrest is so glaring that one does not need a law degree to recognize it. This is not about personal allegiances or political partisanship; it is about the fundamental principle that no state should betray its own citizens to a foreign court without legal basis.
The question now is whether the Filipino people will recognize this for what it is: an impeachable offense. If the betrayal of national sovereignty, the blatant disregard for legal due process, and the collusion with foreign entities do not constitute grounds for impeachment, then what does? If the Marcos administration can get away with this, what prevents it from targeting ordinary citizens next?
To accept such an abuse of power without resistance is to accept the slow erosion of democracy itself. The people must decide whether they will stand for their rights or allow themselves to be ruled by a government that has made it clear—it serves only its own interests.
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