LEGAL counsel Israelito Torreon on Thursday, September 25, 2026, urged the international community to examine the arrest and transfer of former president Rodrigo Duterte to the International Criminal Court (ICC), stressing that the issue centers on due process and the rule of law.
Addressing local and foreign media, Torreon said the appeal is not political but focused on whether legal standards were followed when Duterte was taken into ICC custody in March 2025.
“This is, therefore, not an appeal for political sympathy… Our appeal is narrower, but fundamental: scrutinize the process by which custody was obtained, and ask whether the standards of legality, due process, and judicial protection… were themselves observed,” Torreon said during the Justice Without Politics: Uphold the Rule of Law press conference organized by the Geneva Press Club.
Duterte was “arrested” at the Ninoy Aquino International Airport on March 11, 2025, upon his return from Hong Kong, where he had attended an event, following an arrest warrant issued by the ICC over alleged crimes against humanity tied to his anti-drug campaign. The term arrested is still being debated because of the same issue Torreon stressed.
The lawyer said Duterte was flown to The Hague within 24 hours, arguing that the transfer took place without prior review by any Philippine court, which he said is required under both the 1987 Constitution and the Rome Statute.
He said no local court was able to determine whether the warrant applied, whether due process was followed, or whether Duterte’s rights were respected before the transfer.
Torreon described the move as “extraordinary rendition,” stressing that the removal happened before domestic remedies could be exhausted.
He said a petition for certiorari was filed before the Supreme Court on the day of the arrest to stop the enforcement of the ICC warrant, but Duterte had already been transferred before the court could act.
Separate habeas corpus petitions were also filed by Duterte’s family, asking the high court to rule on the legality of the arrest and compel authorities to facilitate his return to Philippine jurisdiction.
Hoping for SC’s intervention
Torreon expressed hope that the Supreme Court would intervene, noting that the petitions remain unresolved.
“What does it mean for the Great Writ of Liberty to sit unresolved for over a year?” he said, calling on the high court to rule on the constitutional questions raised.
He also called on international legal experts and institutions to study the case, emphasizing that international justice must adhere to due process.
“We ask that what happened… be examined, not through the lens of his politics… but through the legal process by which a citizen of a sovereign state was arrested and transferred beyond his country’s jurisdiction,” Torreon said.
In the latter part of his statement, Torreon maintained that the issue is not about the merits of the allegations but the legality of the process used to secure custody.
“If international justice is to command the confidence of nations and peoples, it must demonstrate that accountability can be pursued without abandoning due process,” he added.
Duterte is currently detained in The Hague and is facing trial before the ICC for alleged crimes against humanity linked to thousands of killings during his anti-drug campaign as president and as Davao City mayor.
Judges have set the start of the trial for November 30, 2026, after confirming charges, while also ruling that Duterte is fit to stand trial despite earlier health concerns.
Prosecutors have alleged that Duterte was “pivotal” in the killings carried out under the campaign, which they say formed part of a widespread and systematic attack against civilians.
Torreon said these developments make it more urgent for both domestic courts and the international community to examine whether the process leading to Duterte’s detention complied with legal standards. RGL
