Former Philippine president Duterte arrested after ICC warrant over his ‘war on drugs’

The Philippines’ Withdrawal from the International Criminal Court (ICC)

The Philippines officially withdrew from the International Criminal Court (ICC) in 2019, following a directive from then-President Rodrigo Duterte. However, the ICC maintained that it still had jurisdiction over crimes that occurred in the Philippines before the withdrawal and during Duterte’s tenure as mayor of Davao City. The tribunal argued that it could investigate killings linked to Duterte’s anti-drug campaign, which began years before he became president. This decision set the stage for a prolonged legal battle between the Philippine government and the ICC.

The ICC’s Investigation and Temporary Suspension

In September 2021, the ICC launched a formal inquiry into the killings related to Duterte’s "war on drugs." This investigation was met with resistance from the Philippine government, which argued that the ICC lacked jurisdiction over the case. Two months later, the tribunal suspended its investigation after the Philippines announced that it was re-examining several hundred cases of drug operations that resulted in deaths. The government claimed it was taking steps to address these incidents internally, which led to the temporary halt of the ICC’s probe.

Resumption of the ICC Case and Philippine Government’s Response

The case resumed in July 2023 when a five-judge panel at the ICC rejected the Philippines’ objection regarding the court’s jurisdiction. Despite this, the administration of President Ferdinand Marcos Jr. has repeatedly stated that it will not cooperate with the investigation. However, in a recent statement, Undersecretary of the Presidential Communications Office, Claire Castro, acknowledged that the government would have to comply with any requests for assistance from Interpol. This conflicting stance highlights the ongoing tension between the Philippine government and the ICC.

Duterte’s Popularity and Political Influence

Rodrigo Duterte remains a highly influential and popular figure in the Philippines, particularly among those who support his hardline approach to crime. His "war on drugs" was a central pillar of his presidency, and many Filipinos credit him with providing quick solutions to the country’s crime problems. Duterte is currently running for mayor of Davao City, his political stronghold, in the upcoming May 2024 elections. His enduring popularity underscores the complexities of his legacy, as he continues to shape Philippine politics even after his presidency.

Local Investigations and Accountability

Despite the ICC’s investigation, very few cases related to the drug war have been prosecuted locally. Out of hundreds of incidents involving deaths during police operations, charges have been filed in only a handful of cases, and just nine police officers have been convicted for killing alleged drug suspects. This lack of accountability has raised concerns both domestically and internationally about the government’s commitment to justice and human rights. Duterte has consistently defended his policies, asserting that they were necessary to protect the country from becoming a "narco-politics state."

Duterte’s Defiance and the Broader Implications

Duterte has shown no remorse for his actions, stating during a Senate probe into the drug war that he offered "no apologies, no excuses" for his decisions. He has repeatedly emphasized that he acted in the best interest of the country, believing that his policies were crucial to salvaging Filipino families and preventing the spread of narcotics. While his rhetoric resonates with many of his supporters, it has also drawn widespread criticism from human rights groups and international bodies. The ongoing ICC investigation and the Philippine government’s refusal to cooperate highlight the complex tensions between national sovereignty, international justice, and accountability for human rights abuses. As the case progresses, it will continue to shape the discourse on justice, impunity, and the rule of law in the Philippines and beyond.