The arrest of former President Rodrigo Duterte has attracted global attention, igniting debates on human rights, international law, and the controversial anti-drug campaign that marked his presidency.
Launched in 2016, Duterte’s war on drugs became the catalyst for an investigation by the International Criminal Court (ICC), which sought to dismantle the illegal drug trade in the Philippines.
The campaign was met with strong criticism due to reports of extrajudicial killings and human rights violations allegedly perpetrated by law enforcement. Victims were said to have been deprived of their right to due process and killed in the course of the crackdown.
The ICC's intervention: Investigations and charges
In August 2011, the Philippines ratified the Rome Statute and became the 117th country to join the system.
The ICC is the first permanent international court established to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.
Moreover, the initial complaint that sparked the ICC investigation into Duterte was filed by Jude Sabio, the lawyer for self-confessed hitman Edgar Matobato, in April 2017, targeting Duterte and other senior officials.
In the same year, former Senator Antonio Trillanes IV and former Magdalo party-list Representative Gary Alejano filed a communication with the ICC that built upon and complemented the prior complaint.
The ICC opened a preliminary examination in February 2018 into the killings allegedly carried out during the implementation of the campaign against illegal drugs.
In March 2018, Duterte formally withdrew the Philippines from the Rome Statute, the treaty that created the ICC. This decision was widely seen as an effort to evade international scrutiny over the violent anti-narcotics campaign.
Even after the withdrawal, activists and the families of eight individuals killed in the war on drugs filed a formal complaint with the ICC, accusing Duterte of murder and crimes against humanity.
The Philippines' withdrawal from the ICC took effect in 2019. However, the ICC maintained that it still has jurisdiction over alleged crimes that occurred while the country was a State Party to the Statute, from November 2011 to March 2019.
In a sudden twist, Sabio withdrew his initial complaint, alleging it was part of the political propaganda of the opposition, particularly the Liberal Party.
However, the ICC Office of the Prosecutor emphasized that the complaint cannot be withdrawn due to its obligation to register all received submissions.
The ICC Office of the Prosecutor stated that there is a reasonable basis to believe that crimes against humanity, including murder, torture, and the infliction of serious physical and mental harm, were committed on Philippine soil.
However, the previous administration argued that the statement from the ICC Office of the Prosecutor was legally flawed and dismissed it as political propaganda.
In May 2021, the then-ICC Prosecutor Fatou Bensouda requested the ICC pre-trial chamber (PTC) to initiate an investigation into crimes committed in the Philippines between November 2011 and March 2019.
The Supreme Court (SC) ruled that the Philippines must continue to cooperate with the ICC, despite the country's withdrawal.
In a unanimous decision, the 15-member tribunal ruled that the President cannot terminate international agreements without Senate approval. It also affirmed that the Philippines must recognize the ICC's jurisdiction and cooperate, even after withdrawing from the Rome Statute.
Former presidential spokesperson Salvador Panelo emphasized that the Philippines will not cooperate with the ICC investigation, stating that ICC investigators will be barred from entering the country to carry out the probe authorized by the PTC.
The Philippine government requested ICC Prosecutor Karim Khan to defer the investigation, citing the country’s efforts to address allegations of extrajudicial killings.
Moreover, the ICC prosecutor notified the PTC that the Philippines had requested a deferral of the investigation, leading to its suspension.
In 2022, Khan requested the resumption of the probe into the drug war, noting that the government had not shown evidence of investigating or pursuing investigations into the series of killings.
The following year, the ICC PTC approved Khan’s request, pointing to the country's failure to conduct adequate investigations into the case.
The Philippine government appealed the PTC's authorization granted to Khan. However, the ICC Appeals Chamber rejected the request, allowing the chief prosecutor to resume the investigation.
In response, President Ferdinand Marcos Jr. announced that his administration would halt further engagement with the ICC, emphasizing that the Philippines has its own judicial system.
Hearing appearances
Duterte appeared at the hearings conducted by the Senate and House of Representatives Quad-Committee, which was then investigating the drug war.
In a revealing statement, he confessed to the Senate that he had a death squad, which he instructed to eliminate suspected drug offenders during his tenure as mayor of Davao City.
Moreover, during the House hearing, he urged the ICC to speed up the investigation while openly stating that he would take full responsibility for all the deaths linked to the drug war.
The arrest: A turning point
On March 12, as the former President returned to the Philippines from a trip to Hong Kong, he was arrested by authorities at NAIA Terminal 3, marking a pivotal moment in the case.
He was subsequently taken into government custody at Villamor Air Base, where he stayed before his flight.
Malacañang pointed out that just hours before Duterte’s arrival in the country, Interpol Manila received an official copy of the ICC warrant, prompting the Prosecutor General of the Department of Justice to execute it.
President Marcos Jr. then confirmed that Duterte flew to The Hague in the Netherlands to stand trial for crimes against humanity related to the war on drugs implemented during his administration.
He also reiterated that the arrest was conducted following all necessary procedures, rejecting any claims of it being unlawful.
The arrest has sparked deeper political divisions in the Philippines. Duterte’s supporters perceive the charges as part of a political attack on his administration’s war on drugs, while critics argue that the arrest is a vital step toward justice for the victims of the anti-drug campaign.
Duterte’s arrest is a historic moment for the Philippines, as he became the first former Asian head of state to face international charges for crimes against humanity.
As the trial in The Hague unfolds, the world will be watching closely, with many hoping for justice for the victims of the war on drugs and the accountability of those in power.
