Why Senate resolution urging Duterte’s house arrest has no legal weight

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Former Philippine President Rodrigo Duterte is seen on a screen in the courtroom of the International Criminal Court (ICC) in The Hague, Netherlands, Friday, March 14, 2025. (Peter Dejong/Pool via Reuters)

International Criminal Court (ICC) assistant to counsel Kristina Conti described the Senate’s resolution urging the ICC to place former president Rodrigo Duterte under house arrest as “counterproductive.”

In a lengthy Facebook post on Wednesday, October 1, the lawyer said it is “mere political noise” unless the Senate has direct knowledge of Duterte’s physical and mental condition and sends this information to the ICC through proper channels.

Conti’s statement comes after the Senate on Wednesday approved a resolution asking the ICC to consider placing Duterte under house arrest on humanitarian grounds.

With only three opposing, the resolution passed with a majority of 15 votes, while two senators abstained and four were absent from the session.

Here’s how they voted.

The Senate resolution, however, is non-binding and lacks the authority to compel action from any party, including the ICC. The Philippines is also not a party to the Rome Statute that created the ICC.

Conti also pointed out that at least one of the senators behind the resolution may have a personal stake in the matter.

“I must also note that the court is aware that at least one of the senators sponsoring the resolution is probably among the co-perpetrators of crimes against humanity being investigated by the ICC Office of the Prosecutor. Hence, it is patently self-serving,” Conti said.

Sen. Bato dela Rosa, one of the senators who sponsored the resolution, previously served as PNP chief under the Duterte administration and led the “war on drugs” campaign.

—with Janelle Liong





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