ICSA Challenges ICC on Duterte Case: Cites Due Process Violations, Political Interference

ICSA Challenges ICC on Duterte Case: Cites Due Process Violations, Political Interference

By TheNATIONWEEK.com News Desk | October 24, 2026

THE HAGUE – The International Career Support Association (ICSA), an NGO with consultative status at the United Nations, released a scathing open letter to the International Criminal Court (ICC) on Thursday, October 22, fundamentally challenging the Court’s proceedings against former Philippine President Rodrigo Roa Duterte. This intervention follows the ICC Trial Chamber III’s October 9, 2026, decision to exclude “Case 57” – an alleged drug-related killing of a “high-value target” – from the prosecution’s pre-trial brief.

While acknowledging the limited temporal scope imposed by the ICC’s exclusion of “Case 57” (constraining Count 2 to July 2016-July 2017), ICSA asserts that this decision fails to address profound legal and ethical irregularities undermining the entire case.

Key allegations from ICSA’s open letter include:

• Flagrant Violation of Philippine Law: ICSA unequivocally states that the arrest and forcible transfer of former President Duterte to the ICC on March 11-12, 2025, constituted a blatant disregard for Philippine domestic law. The letter details his apprehension at Manila International Airport and immediate transfer without legal counsel or family contact, bypassing all Philippine judicial processes. This, ICSA contends, directly violates the 1987 Philippine Constitution’s due process and equal protection clauses (Article III, Sections 1, 12, 14), as well as Presidential Decree No. 1069 (the Philippine Extradition Law), which mandates domestic judicial review before surrender to foreign authorities. ICSA labels this an “extralegal exercise of power” by the current administration.

• Political Persecution and Impartiality Breach: ICSA forcefully argues that the case against Duterte is a politically motivated instrument within an ongoing domestic power struggle between the Duterte and Marcos families. The letter cites repeated impeachment attempts against Vice President Sara Duterte, the arrest of Senator Rodante Marcoleta, and other alleged “fabricated arrests” as evidence of political persecution. Furthermore, ICSA highlights “multiple indications” of former Senator Antonio Trillanes IV’s alleged illegal intermediation and cooperation with the ICC under presidential directives, asserting this explicitly compromises the ICC’s required independence and impartiality (Rome Statute Articles 40, 42). ICSA demands the ICC immediately withdraw from this “manifestly political conflict” and release former President Duterte without delay.

• Complementarity Principle Disregarded: The Association contends that the ICC’s intervention violates the core principle of complementarity (Rome Statute Article 17), which allows ICC jurisdiction only when a domestic judicial system is genuinely unwilling or unable to investigate or prosecute. ICSA emphasizes that the Philippines possesses a functioning judicial system capable of addressing such matters, rendering the ICC’s involvement unacceptable.

• Human Rights Abuses and ICC Complicity: ICSA accuses the Philippine government of clear human rights violations by denying Duterte his constitutional rights to counsel and family contact during his arrest and transfer. The letter critically states that the ICC’s continued acceptance of and involvement in such unlawful acts “is tantamount to complicity in illegality and fundamentally undermines the Court’s fairness and authority.”

• Call for International Protection: Given the perceived danger to Duterte’s life upon return to the Philippines, ICSA urges the ICC to negotiate with the Government of Japan – a significant ICC supporter – to ensure his safety and support in a third country until his personal security can be guaranteed within the Philippines.

• Questioning ICC’s Rationale: ICSA expresses serious doubt about the ICC’s very existence, citing its “repeated disregard for the spirit of the Rome Statute and for due process.” The Association, while affirming its support for fair international criminal justice, stresses that it must never be weaponized for domestic political disputes.

ICSA urgently calls for the immediate release of former Philippine President Duterte and for arrangements to secure his safety in a third country, particularly Japan.

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