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NewsTranscript
00:00We will continue with the arrest of former President Rodrigo Duterte on the warrant from the ICC.
00:05We will also have Michael Chu Jr. as a professor at the UP College of Law and head of the UP Law Center International Criminal Law Program.
00:15Good morning.
00:17Good morning to you and to the viewers.
00:21The former President Duterte's camp is questioning his arrest based on the warrant from the ICC.
00:28It is unconstitutional and there is a violation of our Constitution.
00:32Was there a violation?
00:34As far as we know, the procedure yesterday was followed.
00:40According to the Rome Statute, the one who will implement the warrant will be local law enforcement officers.
00:45And that is what we saw.
00:48The violation of the Constitution is probably the violation of the Constitutional Rights.
00:54If all protections were given to him.
00:58Because according to the Rome Statute, the law in the Philippines will follow the enforcement of the warrant.
01:06So to that extent, it is necessary to clarify what he meant by the violation of the Constitution.
01:12What I meant by that is, the violation of the Constitution is to allow the Philippines to cooperate with the Interpol.
01:21No, because he has an agreement with the Interpol.
01:25Or if it's the ICC, there is freedom.
01:28Our country can cooperate even if he's not a member of the Rome Statute.
01:33The most frequently asked question is about the jurisdiction of the ICC to the former President Duterte.
01:39Did our sovereignty was fulfilled?
01:46Okay. So it was mentioned earlier that the question of jurisdiction was resolved by the pre-trial chamber of the ICC
01:54that said that there is jurisdiction on the crimes committed and also as to time.
01:59And it was not overturned by the appeals chamber.
02:03So it was a question of jurisdiction that was answered by the ICC.
02:09But another question was, can he cooperate?
02:14Not even a question of jurisdiction, but does the Philippines have the power,
02:20even if he's not a member of the Rome Statute, to cooperate when he's not being forced?
02:26Yes, he has the power because he is the one who is in charge of the area of foreign policy
02:33and coordination with other international institutions and states.
02:38And the third reason is that there is Article 127 in the Rome Statute.
02:44There is a contention here, but Article 127 says,
02:48withdrawal cannot prejudice matters that are already in the consideration of the court prior to the effectivity of withdrawal.
02:57Okay. There are many petitions to the Supreme Court and there is one that will be passed today.
03:05If the Supreme Court will approve these petitions, what will possibly happen, professor?
03:15It depends on the petitioner's request.
03:19Obviously, the suspension of his transfer became a moot because he's no longer in the country.
03:27So if the petition is against the constitutionality of withdrawal, that's a different story.
03:34Because the Supreme Court can order to undo the effects of his withdrawal in the Philippines to the ICC.
03:43Based on the international law, what is the possibility of being punished by former President Duterte
03:48if he is proven guilty in the case of crimes against humanity?
03:52It's a range like the criminal trials in the Philippines.
03:56It's a range. Maximum of 30 years, the so-called life imprisonment, not the full life of 30 years.
04:03There are fines and forfeiture of assets.
04:06Where will he be imprisoned?
04:08The ICC has a detention center in Hague itself.
04:12But can he be contested at his age? He will be 80 years old this year.
04:19Yes, not just the old age trial.
04:23But I said earlier, if we are serious about this, is it time for the Philippines to return as a member of the ICC?
04:32In my opinion, all of his questions can be solved if we return.
04:36Maybe the bigger question is, the Philippines values those who commit international crimes.
04:45If we return, we will reaffirm that value.
04:49Okay. Thank you very much Michael Chu Jr. of UP College of Law and UP Law Center International Criminal Law Program.
04:55Be careful professor.
04:56Thank you very much.
05:06Thanks a lot.