Former Presidential Spokesperson’s Claims About Duterte Detention Mislead Public on ICC Authority

A viral Facebook video featuring former presidential spokesperson Salvador Panelo has sparked controversy by suggesting President Ferdinand Marcos Jr. has the authority to secure former President Rodrigo Duterte’s release from International Criminal Court (ICC) detention.

The video, posted by the account “Pinoy in Holland” and viewed over 1.5 million times, shows Panelo responding to questions outside the ICC building in The Hague, Netherlands. The footage includes an interaction with pro-Duterte social media influencer Krizette Laureta Tiu.

A text overlay on the video claims, “It’s still possible to bring Duterte back even now, but they just don’t want to.” The caption further alleges that authorities “don’t want to give him back” and issues a veiled threat: “We know who’s behind this; your day will come, too.”

However, these claims fundamentally misrepresent how the ICC operates. According to the Rome Statute, which governs the ICC’s operations, no head of state has the power to influence or decide detention matters at the international court.

The ICC’s detention decisions stem from independent judicial bodies – specifically the Pre-Trial Chamber and Appeals Chamber – as outlined in Article 58 of the Rome Statute. These chambers operate autonomously from any individual nation, meaning no state, including the Philippines, possesses legal authority to override or block the court’s detention orders.

Article 40 of the Rome Statute further reinforces this independence, stipulating that judges must act without external political influence. No official ICC documentation supports the assertion that President Marcos Jr. or any Philippine official can affect Duterte’s detention status.

Duterte was arrested in March 2025 and remains in ICC custody in The Hague, facing charges of crimes against humanity related to his controversial war on drugs campaign. His legal team has repeatedly sought interim release, but these requests have been consistently denied by the court.

The case has progressed significantly in recent months. Between February 23-27, the confirmation of charges hearing took place, during which prosecutors presented evidence of 49 incidents to establish grounds for trial. On April 24, the ICC ordered a formal trial to proceed against the former president.

This video is part of a larger pattern of misinformation surrounding Duterte’s ICC case. Fact-checkers have previously debunked related false claims, including assertions that Marcos Jr. had signed documents approving Duterte’s interim release or that ICC prosecutors had approved such motions.

The widespread sharing of such misinformation—with the video accumulating over 40,600 reactions, 1,600 comments, and 2,300 shares—risks distorting public understanding of international judicial processes and distracts from the serious nature of the crimes against humanity charges being investigated.

Legal experts note that claims from public figures like Panelo can carry an unwarranted sense of authority, making misinformation more believable to the public despite contradicting established legal frameworks and official court proceedings.

The ICC maintains transparency in its operations, with statements and documents publicly accessible through official channels and regularly reported on by established news organizations and fact-checking bodies. Citizens seeking accurate information about the Duterte case are encouraged to consult these official sources rather than relying on unverified social media claims.