Marcos Senate Probe Becomes Key Evidence in Duterte's ICC Defense Battle

 





The once-solid Marcos-Duterte alliance now stands fractured as former President Rodrigo Duterte fights for freedom from an ICC cell. His legal team's surprising new weapon? Senator Imee Marcos' own investigation findings.

In a dramatic twist that has shocked the Philippines political landscape, lawyers defending former President Rodrigo Duterte have cited Senator Imee Marcos' Senate probe as crucial evidence in their challenge against the International Criminal Court's jurisdiction.


The 38-page defense document reveals how quickly political alliances can crumble. Just months ago, President Marcos promised Vice President Sara Duterte that his government would "not assist the ICC, in any way, shape or form." Today, the former president sits detained in The Hague.

"The jurisdictional framework of the Rome Statute is clear: A State must be a State Party at the time of the exercise of jurisdiction," Duterte's legal team argued in their May 1 filing. They insist the Philippines was no longer bound by ICC authority after the country's 2018 withdrawal.

Defense attorney Nicholas Kaufman confirmed in a recent interview that the Senate investigation could prove vital to their case. The probe, led by Senator Marcos herself, focused heavily on the circumstances of Duterte's arrest and transfer to ICC custody.

The evidence includes a December 15, 2023 letter from President Marcos to VP Sara Duterte. In it, he stated he remained "steadfast in my resolve that the jurisdiction of the ICC over the Republic of the Philippines after the effectivity of its withdrawal therefrom is very much in question."

This letter, presented during a March 20 Senate hearing, now serves as a cornerstone of the defense's argument that even President Marcos has "impliedly accepted" the ICC should not try the former president.

The political landscape has shifted dramatically since that letter. When explaining why he allowed Duterte's arrest, President Marcos cited the country's commitment to Interpol, through which the ICC issued its warrant.

Meanwhile, Vice President Sara Duterte publicly thanked Senator Marcos during a Zamboanga City campaign rally on Saturday. "She helped push for an investigation on the kidnapping of president Duterte here in our country. Thanks to her for helping us gather evidence that we can use for the case," the VP said.

Senator Marcos remains hopeful their findings will impact the case. "It is our hope that with these hearings, we were able to get the sham facts, document testimonies and a lot of admissions from the government side," she told reporters.

Drawing a personal parallel, she added, "I won't lose hope because this also happened to my father, to us. We were kidnapped and we were forced to go to Hawaii. It is important that we fight for this."

As charges loom against officials involved in Duterte's arrest, the question remains: will Senator Marcos' investigation be enough to secure the former president's release from ICC custody?


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