FACT-CHECK: Former president Rodrigo Duterte still in ICC custody in The Hague, not back in PH

CLAIM: Former president Rodrigo Duterte has returned to the Philippines.

RATING: FALSE

A video uploaded by YouTube page “Sagam TV” falsely claimed that former president Rodrigo Duterte had returned to the Philippines, without citing official sources.

Flagged content: The video, uploaded on Nov. 6, falsely claimed that Duterte was mobbed at the airport.

• The caption of the photo reads: “SÄWÄKÄS FPRRD NAKA UWI NA PINAG KÄ GULUHAN NG TÄÖNG BÄYAN SA AIRPORT! KÜTÏNG KINABAHAN NA!! (sic)” (“AT LAST FPRRD IS HOME, CAUSING A COMMOTION AMONG THE PEOPLE AT THE AIRPORT! KUTING IS NERVOUS NOW!!”)

Our debunk: On Oct. 23, the International Criminal Court (ICC) rejected Duterte’s jurisdiction challenge.

• The three-judge ICC panel unanimously ruled that the ICC has jurisdiction over alleged crimes against humanity committed in the Philippines between Nov. 1, 2011—the date the Philippines became an ICC member—and March 16, 2019, the day before the country’s withdrawal from the Rome Statute became effective. 
• It determined that the prosecutor’s preliminary examination, announced in February 2018 before the withdrawal took effect, was a “matter which was already under consideration by the court,” and that interpreting the statute to allow a state to withdraw to shield individuals from justice would defeat the court’s purpose.
• On Sept. 25, officials from the Philippine Embassy in The Hague visited Duterte at the ICC detention center to conduct a welfare check.
• The confirmation of charges hearing was initially scheduled for Sept. 23, but was postponed to allow for an assessment of Duterte’s fitness to stand trial following a request from his defense team.

Rewind: On March 11,  Duterte was arrested upon his arrival at the Ninoy Aquino International Airport (NAIA) from Hong Kong.

• The arrest was carried out by Philippine authorities, including the Philippine National  Police (PNP) and the Department of Justice (DOJ), in compliance with an Interpol Red Notice, which was issued based on an ICC arrest warrant.
• The arrest warrant was issued for Duterte’s alleged crimes against humanity involving extrajudicial killings, which began during his tenure as mayor of Davao City and continued while he was president.
• Duterte was transferred to the ICC’s custody in The Hague, Netherlands, where he is detained at the ICC detention center while awaiting trial. As of the time of writing, Duterte remains in the custody of the ICC, and no official reports have confirmed his return to the Philippines or his alleged release.

Why we’re fact-checking this: As of writing, the YouTube video has drawn 22,313 views, 1,600 likes, and 443 comments. 

Spot the fake: Do not be deceived by posts from unverified accounts—always check verified sources before believing claims made on social media.

• Unverified claims about detained returnees can cause public confusion, emotional distress, and harm to victims and the justice system. Jamaica Cabilis

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