The resolution recently passed by the Philippine Senate to ask the International Criminal Court (ICC) to place former president Rodrigo Duterte under house arrest for “humanitarian” reasons has no bearing. Resolution 144 was supported by 15 senators, opposed by three, with two abstentions.

Among those who supported the resolution were Senator Ronald dela Rosa, considered a possible accomplice of Duterte in the cases he faces at the ICC, along with Robin Padilla, Jinggoy Estrada, and Christopher Go. Those who opposed were Senators Risa Hontiveros, Bam Aquino, and Francis Pangilinan, while Senate President Vicente Sotto III and Senator Raffy Tulfo abstained.

Experts and lawyers said the resolution not only has no effect on the ICC but may also become an obstacle in Duterte’s case because it shows his continuing power in the country.

Atty. Kristina Conti, of the National Union of Peoples’ Lawyers and assistant to the counsel at the ICC, said the Senate has no relation to any court process.

“The court is aware that one of the senators sponsoring the resolution is a co-perpetrator of crimes against humanity being investigated by the ICC Office of the Prosecutor,” Conti said. She added that this is clearly “self-serving.” She referred to Senator Dela Rosa, who was already named as a co-perpetrator in ICC public documents.

“The resolution shows that the Dutertes still exercise strong political clout, and occupy high positions in Davao,” Conti said. She believes the resolution could even backfire as the court may view it as political interference and a form of undermining judicial independence, similar to what the US is doing.

Center for International Law executive director Atty. Gilbert Andres said the resolution has no direct effect on the ICC process because it is not part of the Rome Statute or the Rules of Procedure and Evidence of the court. He stated that it is clearly aimed for domestic consumption by Duterte’s supporters.

“ICC law has no house arrest, but merely a political concept in the Philippines, often for special treatment of detained politicians,” Andres said. He added that the move could create the impression that Duterte still has influence over the Senate even from afar, which could belie his defense of “cognitive impairment.”

“The Senate support clearly shows that the Dutertes’ influence is nationwide,” said Conti. “This is the reason his return to the country will be continued to be opposed by the victims and the prosecution, and will be highly unlikely.”

The Makabayan Bloc in Congress condemned the resolution. They said it is a blatant attempt to block justice and to defend a mass murderer responsible for thousands of extrajudicial killings.

“The Senate resolution is not about compassion or rights, but a clear cover-up of Duterte’s crimes. It is an affront to justice for the families of the victims of his drug war,” ACT Teachers Rep. Antonio Tinio said.

“This resolution is an insult to the families who lost loved ones in Duterte’s rampant killings under his fake drug war. It is not about compassion, but about perpetuating the lack of accountability,” Gabriela Women’s Party Rep. Sarah Elago said.