Senate resolution for Duterte house arrest has no effect on ICC, lawyers say

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MANILA (October 3) — The Senate’s resolution urging the International Criminal Court (ICC) to place former president Rodrigo Duterte under house arrest on “humanitarian” grounds carries no legal weight, lawyers said.

The measure, passed with 15 votes in favor, three against, and two abstentions, was framed by its authors as an act of fairness. Senate Minority Leader Allan Cayetano, Duterte’s former foreign affairs chief, said the move was “about justice, not vengeance.”

But ICC-accredited lawyer Joel Butuyan said the resolution is “mere political noise” with no bearing on Duterte’s case. Human rights lawyer Kristina Conti, who also serves as assistant counsel at the ICC, said the tribunal considers only facts and law, not political gestures.

Analysts warned the resolution could even backfire. “It shows to the ICC that Duterte is still powerful in the Philippines,” Butuyan said, adding that such influence could endanger victims and witnesses if he were released. Former Ateneo School of Government dean Tony La Viña agreed, saying the move weakens Duterte’s petition for interim release.

Butuyan also suggested the measure was meant to distract from corruption probes into flood control projects involving senators allied with Duterte.

Duterte, who was turned over to the ICC in March, is facing prosecution for thousands of deaths linked to his war on drugs.

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