The arrest of former President Rodrigo Duterte is an important development in the International Criminal Court’s (ICC) pursuit of accountability in the situation in the Philippines for the alleged crimes concerning the war on drugs campaign, the ICC Prosecutor Karim A.A. Khan KC said in a statement.
On Thursday (PHT), the ICC prosecutor addressed the arrest of Duterte, from his arrival in the Philippines to his transfer to the Hague, Netherlands. The prosecutor stated that this is an important moment, as the office has been investigating the situation in the war on drugs for some time.
Under the supervision of Deputy Prosecutor Mame Mandiaye, the team submitted a warrant application to the judges of the pre-trial chamber. According to the ICC prosecutor, the judges were able to issue that warrant and has been executed last month.
The Rome Statute and the War on Drugs
“In issuing that warrant, the judges have found reasonable grounds to believe that Mr Duterte had committed the crime of murder as the founder, as the head, of the so-called Davao Death Squad–as the mayor of Davao City and then later as the president of the Philippines between 2011 and 2019,” he said.
Based on their impartial investigation, the ICC’s Office of the Prosecutor alleges that Duterte is criminally responsible for the crime against humanity of murder, under Article 7(1)(a) of the Rome Statute. Their data found that the crimes were committed between November 1, 2011 and March 16, 2019.
“Mr Duterte is alleged to have committed these crimes as part of a widespread and systematic attack directed against the civilian population,” the ICC statement read.
Additionally, the Pre-Trial Chamber 1 explained that Duterte’s case falls within the jurisdiction of the ICC as the alleged crimes occurred when the Philippines was a State Party to the Rome Statute, the ICC’s founding treaty.
‘The Rule of Law Can Prevail’
With this, the prosecutor highlighted the importance of working with communities, states, international organizations, and other partners–to ensure that investigations are focused and can be carried out as effectively as possible.
Khan also highlighted the feedback they have received from the public. According to him, “The fact that it has been executed means a lot of victims.”
Moreover, he reiterated how the rule of law can prevail, if communities come together and build partnerships.
“Many say that international law is not as strong as we want, and I agree with that. But as I also repeatedly emphasize, international law is not as weak as some may think,” Khan stressed.
“When we come together, when we work, when we build partnerships, the rule of rule can prevail. Warrants can be executed. And it’s important to underline as we now start a new stage of proceedings that Mr. Duterte is presumed innocent,” he added.
Duterte will make his initial appearance before the international court soon. Khan mentioned that the office will focus on the judicial proceedings and on proving his case before the judges of the ICC.
