A top international lawyer has spoken out about the arrest of former President Rodrigo Duterte, clearing up confusion over Interpol’s role in the case. Atty. Gilbert Andres, an ICC-accredited legal expert and executive director of the Center for International Law, confirmed that whether Interpol acted on a Red Notice or Red Diffusion, it makes no difference in Duterte’s arrest.
Interpol’s Role: Just a Messenger, Not the Judge
According to Andres, Interpol did not issue the arrest warrant—it simply transmitted the ICC’s order to the Philippine government. The actual legal basis for Duterte’s surrender lies in Republic Act 9851, which aligns the country with international laws on war crimes, genocide, and crimes against humanity.
RA 9851, Section 17, Paragraph 2 states:
The Philippines can surrender individuals wanted by an international court. If an investigation or prosecution is already happening abroad, local authorities can step aside. The law authorizes the Philippine government to cooperate with the ICC.
‘Red Notice’ vs. ‘Red Diffusion’: Why It Doesn’t Matter
During a Senate hearing, the Philippine Center on Transnational Crime (PCTC) clarified that Interpol issued a Red Diffusion, not a Red Notice for Duterte.
What’s the difference?
Red Notice – A formal global alert to help locate and arrest individuals. Red Diffusion – A faster, direct request sent to specific countries for immediate action.
But according to Atty. Andres, this technicality is irrelevant because Duterte’s arrest was carried out based on Philippine law, not Interpol’s classification.
Senator Imee Marcos Questions the Arrest
Senator Imee Marcos, sister of President Ferdinand Marcos Jr., criticized the government’s handling of Duterte’s surrender. She argued:
The Philippines is not a ‘province’ of The Hague and should not submit to ICC orders. Duterte was handed over to “outsiders” instead of being tried locally.
However, Malacañang stood firm, stating:
The arrest followed Philippine law. The Philippines remains an independent nation.
Duterte Detained at ICC Prison in The Hague
The former president is now detained in the ICC’s prison in The Hague, Netherlands, facing crimes against humanity charges. His controversial war on drugs led to the deaths of at least 6,000 people, drawing international scrutiny.
What’s Next?
Duterte’s trial at the ICC is expected to be one of the most high-profile cases in recent history. The world is now watching—will the former Philippine leader be held accountable for the deadly war on drugs?
