Human rights lawyer and former Bayan Muna representative Neri Colmenares has denounced recent Senate resolutions proposing house arrest for former President Rodrigo Duterte, calling them legally invalid under international law.
Speaking to reporters on Tuesday, Colmenares, who serves as legal counsel for the families of victims of Duterte’s controversial war on drugs, argued that such resolutions violate the provisions of the Rome Statute, the treaty that established the International Criminal Court (ICC).
“House arrest is not allowed under the Rome Statute,” Colmenares stated. “I don’t know the motives of those who filed, but they should know that [the resolutions] are not legal.”
The lawyer’s remarks came in response to two Senate resolutions filed earlier this week, which urge the ICC and Philippine authorities to allow Duterte to be placed under house arrest due to his reportedly deteriorating health. The measures were introduced by Duterte allies in the Senate, citing humanitarian grounds and the former president’s age.
However, Colmenares dismissed the proposals as misguided and irrelevant to international legal proceedings. “I don’t see any reason why a resolution should impact on the Rome Statute,” he said, emphasizing that decisions related to Duterte’s arrest, detention, or possible trial fall solely under the jurisdiction of the ICC.
Under the Rome Statute, individuals indicted by the ICC are subject to international arrest warrants and must be taken into custody under conditions determined by the Court, not local legislative bodies. While the Philippines withdrew from the ICC in 2019, the Court retains jurisdiction over crimes allegedly committed while the country was still a member.
Duterte is currently the subject of an ongoing ICC investigation into alleged crimes against humanity, particularly linked to extrajudicial killings during his presidency. Thousands of suspected drug offenders were killed during anti-narcotics operations, drawing widespread condemnation from human rights groups and the international community.
Colmenares warned that the resolutions could be interpreted as attempts to shield Duterte from international accountability. “These kinds of moves may only reinforce the perception that powerful figures in the Philippines are trying to undermine justice,” he said.
As legal scrutiny continues both at home and abroad, Colmenares reaffirmed his commitment to seeking justice for the families of the drug war victims. “No one is above the law, not even a former president,” he concluded.