While the government remains a non-member of the International Criminal Court (ICC), Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla stressed that an individual charged by the international body would still fall under its jurisdiction through the International Humanitarian Law (IHL).

This was clarified by Remulla during the hearing of the Senate Committee on Foreign Relations chaired by Senator Imee Marcos into the arrest of former President Rodrigo Duterte.

"It is not the Philippines that is under the jurisdiction, it is the individuals who are charged by the ICC which is under the jurisdiction. There is a distinction," Remulla said.

"As non-members of the ICC and as a state, the ICC has no jurisdiction over us; as a country. But over the individuals who may have committed crimes that violate IHL, that is a universal value being held by the whole world today," he explained.

The DOJ chief also maintained that the Philippines did not recognize the jurisdiction of the ICC over the country, but rather its jurisdiction over individuals who violated IHL by committing murder or other heinous crimes.

While the country has a functioning police force and judiciary, an investigation of the drug war during the period when the country was still a member of the ICC was difficult, according to Remulla, because the people expected to cooperate were not.

Remulla also stated that IHL has already become "customary law" throughout the world. He added that "we did not surrender as a country", but merely an individual was surrendered to the ICC due to an arrest warrant issued through the Interpol.

While the IHL has been accepted as international customary law, Marcos, on the other hand, said that she's unable to accept that ICC processes and administrative procedures are part of this. Remulla agreed to this, stating that the Philippines has its own administrative processes, adding that the IHL is the domestic law that was followed in recognizing the arrest warrant issued against Duterte.

Remulla was referring to Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity which within its provisions, allows them two options: either extradition or surrender.

The presidential sister also cited President Marcos' previous pronouncements mentioning non-cooperation with the ICC during the hearing. But Remulla insisted that no cooperation was made with the ICC throughout the years while they were open to discussing matters with them, it never materialized. 

"Nung una ang tindi ng ating paninindigan na di kailanman tayo tutulong sa ICC, biglang lumambot na hahayaan natin pag pumasok sila. Pagkatapos nun, meron nang statement uupo kung may mamagitan, pag-uusapan kung saan tayo pwede tumulong (At first, we were very firm in our stance that we would never assist the ICC, but suddenly we've softened and are now willing to let them in. After that came a statement about whether we will intervene and discuss where we can offer assistance)," the senator said.

At this point, Marcos asked National Security Adviser Eduardo Año if he contributed to the President's softer stance, which Año denied as baseless allegations.

He added that this is a legal discussion, and they are not focused on legal matters since they look at things from the lens of national security. He also stated that they have not monitored the presence of any ICC investigators.

No red notice

According to Philippine Center on Transnational Crime (PCTC) executive director Anthony Alcantara, no Red Notice was issued against Duterte but rather a "wanted person diffusion."

According to the Interpol website, a Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. A Red Notice is not an international arrest warrant.

The individuals are wanted by the requesting member country or international tribunal.

Alcantara explained that a diffusion is "a request for international police cooperation that is coming from an entity or another member country that is directed to another member country."

In the copy provided by Marcos' office, the "diffusion is transmitted after prior consultations with the Government of the Philippines who have agreed to comply with this request for arrest."

"This diffusion related to the International Warrant of arrest (referenced in this Diffusion) which has also been formally transmitted to the Government of the Philippines," it read.

Remulla, as well as other government heads who were present in the hearing said that they had no idea regarding the so-called prior consultation.