Filipino authorities arrested former President Rodrigo Duterte on Tuesday, following a secret arrest warrant issued by the International Criminal Court (I.C.C.) that accuses him of crimes against humanity.
This case represents a significant test of the I.C.C.'s legal authority, which investigates serious international crimes such as genocide and war crimes from its headquarters in The Hague.
The I.C.C. began its investigation into Duterte in 2018, focusing on allegations related to his controversial anti-drug campaign, which rights groups claim resulted in approximately 30,000 deaths, including minors and individuals not involved in drug trafficking.
After the investigation was announced, Duterte declared that the Philippines would withdraw from the Rome Statute, the treaty that establishes the I.C.C., and the country officially exited in March 2019. Despite this, I.C.C. judges ruled that the court retains jurisdiction for events that occurred while the Philippines was still a member.
Rodrigo Duterte's legal team contends that the arrest is illegal due to the Philippines' withdrawal from the I.C.C., while the court maintains jurisdiction based on the timing of the alleged crimes. The Philippines remains a member of Interpol, which facilitated the arrest, with an Interpol representative present during the operation.
The legal complexities surrounding jurisdiction have been noted by experts, such as Romel Bagares, who highlighted that extradition under Filipino law may require a treaty, which the Philippines lacks with the I.C.C.
Political dynamics have also shifted since Duterte's presidency. Current President Ferdinand R. Marcos Jr. had previously indicated a desire to protect Duterte from international scrutiny, but recent political tensions, including the impeachment of Duterte's daughter, Sara Duterte, have altered this alliance.
The I.C.C. had paused its investigation when the Philippines claimed it would handle the allegations internally, but resumed in 2023 after deeming the domestic inquiry insufficient. Marcos has since allowed I.C.C. officials to investigate in the Philippines.
Duterte is currently detained at Villamor Air Base in Manila, with his legal team preparing to seek his release. Experts suggest that the arrest indicates significant domestic political implications.
For the families of victims from Duterte's anti-drug campaign, the arrest may signal a step toward accountability. If extradited to The Hague, Duterte will face initial hearings where charges will be confirmed and evidence presented. His defense may challenge jurisdiction issues both in the I.C.C. and in Filipino courts.
A potential conviction could result in a sentence of up to 30 years. Experts predict that a formal trial could take from two months to two years or longer to commence, with Duterte's defense arguing that the actions taken during his presidency were in self-defense.
The path from Manila to The Hague is expected to be lengthy and complex.