Rules allow Duterte's release – rights lawyer

The Evolution of Rules A Call to Allow Duterte's Release - Rights Lawyer

In light of former President Rodrigo Duterte's request to be transferred to a third country while facing trial at the International Criminal Court (ICC), concerns have been raised about setting a dangerous precedent for human rights abusers. However, an international law expert and human rights lawyer argues that this move is grounded in established international rules and legal precedents.

According to Arnedo S. Valera, the ICC's Rules of Procedure and Evidence provide for the interim release or relocation of a detainee if specific humanitarian, medical, or security concerns are presented. Valera notes that this rule has been consistently affirmed in previous cases, including Prosecutor v. Jean-Pierre Bemba Gombo, where the Congolese leader was granted interim release.

When considering Duterte's request, it is essential to weigh humanitarian factors, particularly his advanced age and reported chronic neuromuscular disease. Valera highlights prior examples of the ICC temporarily releasing defendants due to health concerns, such as Laurent Gbagbo, former Ivorian president, and Vojislav Šešelj, a Serbian politician.

While legal tensions surrounding Duterte's request are understandable, given his former status as head of state, Valera argues that the Rome Statute does not prohibit invoking political targeting as part of a humanitarian or relocation plea. He also notes that customary international law may recognize certain protections in contexts outside the court.

In conclusion, allowing a conditional, medically justified transfer to a third country does not weaken the pursuit of justice but reaffirms the principles of due process, state dignity, and humane treatment. The ICC must strike a balance between accountability and humanity, he says, and a well-regulated transfer can uphold both legal integrity and human rights.

Key Points

Rule 119 of the ICC's Rules of Procedure and Evidence allows for interim release or relocation of a detainee if specific humanitarian, medical, or security concerns are presented.
Prior cases, such as Prosecutor v. Jean-Pierre Bemba Gombo, have consistently affirmed this rule.
Humanitarian factors, including age and health concerns, must be considered in the decision-making process.
The ICC has temporarily released defendants due to health concerns in the past.
Customary international law may recognize certain protections for former heads of state in contexts outside the court.

Keywords* International Criminal Court (ICC), Rodrigo Duterte, Rules of Procedure and Evidence, humanitarian factors, medical release, security concerns.

Edward Lance Arellano Lorilla

CEO / Co-Founder

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