It is no secret that former President Rodrigo “Rody” Duterte has long been a master strategist in politics.
And with what transpired yesterday—his immediate transfer to the Netherlands without following proper legal procedures—it seems clear that he has successfully executed a carefully laid trap for the current administration and the Philippine National Police (PNP).
Violation of the Rome Statute and the “Poisonous Tree” Doctrine
One of the most crucial aspects of the International Criminal Court (ICC) process is compliance with Article 59(3) of the Rome Statute. This provision states that any arrested individual has the right to go through their country’s judicial system first to seek interim release while the surrender process is being arranged.
In this case, the competent authority should have been the Supreme Court of the Philippines, with the Philippines acting as the custodial state. But what happened? Duterte was taken directly to the Netherlands without undergoing the required legal procedures.
This is a clear violation of ICC regulations. As a result, any subsequent proceedings—from trial to verdict—could be rendered invalid under the “fruits of a poisonous tree” doctrine. Simply put, if the arrest itself is flawed, all subsequent evidence and legal actions could be dismissed.
Duterte’s Strategy: Why Did He Let This Happen?
Many are asking: Why didn’t Duterte resist? Why did he seem to accept it so easily?
The answer lies in his own words:
> “I understand them because this is their job. This is why it has come to an end.”
A statement loaded with meaning. It suggests that he knew this moment was coming and let it happen—not out of helplessness, but because he wanted to expose the weaknesses of the PNP, the ICC, and the Marcos administration.
The message is clear: The PNP and the Philippine government violated due process, not him.
By doing so, Duterte didn’t just expose the vulnerabilities of the current administration—he may have also set the stage for his case to collapse under legal scrutiny.
How the Marcos Administration and PNP Fell into the Trap
1. PNP’s Compliance Without Due Process – Instead of ensuring Duterte’s case passed through Philippine courts, they immediately surrendered him to the ICC, violating the very laws they are supposed to uphold.
2. Government Inaction – The Marcos administration did nothing to assert Philippine sovereignty or insist on the proper legal process, further highlighting its weakness on the global stage.
3. Strengthening the Argument of ICC Bias – By blatantly violating Article 59(3), the case against Duterte now fuels claims that the ICC is politically motivated and only targets leaders who are not aligned with Western powers.
What Could Happen Next?
UN Security Council Intervention – Countries like Russia and China could move to suspend the ICC’s proceedings against Duterte, citing the violation of Article 59(3) as a legal basis.
Collapse of ICC Credibility – If the ICC pushes forward with the case despite these legal flaws, it risks further losing its legitimacy, especially if it is exposed as a political tool rather than an impartial court.
Legal Basis for Case Dismissal – Under the “fruits of a poisonous tree” doctrine, Duterte’s case could be thrown out entirely, securing him an unprecedented legal victory even while in the Netherlands.
A Masterful Strategy?
At first glance, some may see Duterte as the loser in this situation.
But upon closer analysis, it appears he may actually be the true winner. By allowing the PNP and the Marcos administration to violate the law themselves, he may have orchestrated the downfall of the very case against him.
If this leads to the ICC losing credibility, then Duterte will have won the greatest battle of his career—not through force, but through a carefully executed legal and political maneuver.
Good luck, President Bongbong Marcos and PNP Torre.