Former presidential spokesman Harry Roque promised that the defense lawyers are taking all “necessary” steps to bring former presidential Rodrigo Duterte, who is currently detained at the International Criminal Court (ICC) facility in The Hague for crimes against humanity of murder, at the soonest possible time.
Former president Rodrigo Duterte at his initial appearance hearing via video link on Friday, March 14, 2025 at the International Criminal Court in The Hague, Netherlands. (ICC Photo)
“Hindi tayo uuwi na hindi kasama si Presidente Duterte (We will not come home without President Duterte),” the former official said in a virtual press conference on Monday, March 17 (Netherlands time).
“So, let’s just say our prayers is that he will be released at the soonest time possible and we will take all steps necessary para mapauwi siya sa lalong mabilis na panahon (to bring him home as soon as possible),” he added.
A former human rights lawyer and international law expert, Roque left the Philippines in 2024 and had been under the radar until he resurfaced at The Hague in the Netherlands after Duterte was arrested and sent to the ICC there.
During the press conference, he also questioned the process of Duterte’s arrest, stating that it didn’t follow the procedure under Article 59 of the Rome Statute because the former president was not brought to a local court.
Article 59 outlines that a person subject to an ICC arrest warrant “shall be brought promptly before the competent judicial authority in the custodial State,” which will evaluate the arrest.
But legal experts said that the Philippines is no longer bound by Article 59 because it is no longer a member of the ICC after Duterte officially withdrew from it in 2019.
ICC motion
Duterte’s camp also earlier said they plan to push for the dismissal of the crimes against humanity charges against the former chief executive before the next hearing scheduled on Sept. 23.
But the ICC stated that any motion from the defense to dismiss the case will be decided by its judges.
“Should the defence submit requests, it would be for the ICC judges to decide on it. We can't speculate on these issues,” the ICC spokesman said.
The former president faced the ICC Pre-Trial Chamber on March 14 to formally hear the charges against him and be informed of his rights under the Rome Statute. The Sept. 23 will still not be the formal trial, but it will be the confirmation of charges.
Not FPRRD's lawyer
Meanwhile, Roque clarified that Vice President Sara Duterte, who is currently in The Hague, will not stand as her father’s counsel since she is not allowed to practice her profession while holding public office.
“Hindi po magiging abogado ng Presidente si VP Sara dahil sa Saligang Batas natin ay mayroong pagbabawal sa pag practice ng propesyon. So, ang kanyang karapatang bumisita ay bilang anak (VP Sara will not be a lawyer of the President because under our Constitution, it prohibits the practice of the profession. So, her right to visit will be as his daughter),” he said.
“Kung mag-a-apply si VP Sara (If VP Sara will apply), it's only because she needs access to the [former] president. As a family member, mukhang (it looks like) every visit requires communication with the detention facility,” he added.
Interim release
The former Palace official also divulged plans to apply for an interim release for the former president as his next hearing was scheduled six months from now.
“Well, of course, ang interim arrest hindi natin palalampasin yan (we will not let that opportunity pass), he said.
The Duterte camp is expected to raise the 79-year-old’s health condition to ask for an interim release before the Sept. 23 hearing.
However, reports said that the ICC has never granted an interim release on anyone accused of crimes against humanity.
Roque said he could no longer release any information about their camp’s legal strategies because “it would be unprofessional of me to speak without having conferred with my co-counsels.”
Defense counsel
British-Israeli lawyer Nicholas Kaufman will stand as Duterte’s lead counsel in the ICC, his camp earlier said.
According to former executive secretary Salvador Medialdea, the former president has already signed the document on his engagement with Kaufman.
Roque, an ICC accredited lawyer, is also expected to be part of Duterte’s legal team.
The former president was arrested last March 11 and subsequently sent to The Hague in the Netherlands via a chartered flight to face charges of crimes against humanity of murder in relation to his bloody war on drugs campaign that killed thousands of Filipinos.