Eighth of a series
43. This was in connection with Article 59 of the Rome Statute, which requires a person arrested to be 'brought promptly before the competent judicial authority in the custodial State' to '... determine, in accordance with the law of that State' if the conditions for a valid arrest under the Rome Statute were met, including whether 'the person arrested in accordance with the proper process' and 'the person's rights respected.' 44.
The processes are not part of customary law. We have our own administrative processes. If you ask me about this, madam, we can say that the IHL is the domestic law that we followed in recognizing the warrant of arrest issued against Rodrigo Roa Duterte. THE CHAIRPERSON. Which domestic law and process? MR. J.C.
Republic Act 9851, Your Honor. THE CHAIRPERSON. As mentioned previously? MR. J.C. Yes, as mentioned previously, and within the provisions, it allows us two options — either extradition or surrender. We chose the executive mode, which is surrender.' To be continued on June 23, 2025
Government Can Bring Back Duterte If It Wants To
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