Former Philippine President Rodrigo Duterte’s International Criminal Court arrest for alleged drug war crimes has ignited a complex legal battle involving extradition, Philippine cooperation, and international accountability.
Duterte was turned over on Wednesday to the custody of the ICC, following his arrest on a warrant accusing him of crimes against humanity over deadly anti-drug crackdowns he oversaw while in office.
The court said in a statement that “as a precautionary measure" medical assistance was made available at the airport for Duterte, in line with standard procedures when a suspect arrives.
The 79-year-old former president arrived at Rotterdam The Hague Airport earlier Wednesday on a flight from Manila following his arrest there on an ICC warrant on Tuesday, as announced by current Philippine President Ferdinand Marcos.
ICC investigation
The ICC opened an inquiry in 2021 into mass killings linked to the so-called war on drugs overseen by Duterte when he served as mayor of the southern Philippine city of Davao and later as president.
Estimates of the death toll during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported and up to 30,000 claimed by human rights groups.
ICC judges who looked at prosecution evidence supporting their request for his arrest found “reasonable grounds to believe that Mr Duterte is individually responsible for the crime against humanity of murder” as an “indirect co-perpetrator for having allegedly overseen the killings when he was mayor of Davao and later president of the Philippines," according to his warrant.
TRT Global - The 79-year-old faces ICC charges of "crimes against humanity of murder" for a drug crackdown that killed tens of thousands, often without evidence.
Philippines no longer ICC member
Duterte withdrew the Philippines in 2019 from the ICC, in a move human rights activists say was aimed at escaping accountability.
While the Philippines is no longer a member of the ICC, the alleged crimes happened before Manila withdrew from the court.
The Duterte administration moved to suspend the global court’s investigation in late 2021 by arguing that Philippine authorities were already looking into the same allegations, arguing that the ICC — a court of last resort — therefore didn’t have jurisdiction.
Appeals judges at the ICC rejected those arguments and ruled in 2023 that the investigation could resume.
The ICC judges who issued the warrant also said that the alleged crimes fall within the court's jurisdiction.
They said Duterte’s arrest was necessary because of what they called the “risk of interference with the investigations and the security of witnesses and victims.”
What happens next?
Duterte could challenge the court’s jurisdiction and the admissibility of the case.
That process will likely take months and if the case progresses to trial it could take years.
Duterte will be able to apply for provisional release from the court’s detention centre while he waits, though it's up to judges to decide whether to grant such a request.
Duterte's legal counsel, Salvador Panelo, told reporters in Manila that the Philippine Supreme Court "can compel the government to bring back the person arrested and detained without probable cause and compel the government bring him before the court and to explain to them why they (government) did what they did.”
Grieving families are hopeful
Rights groups and families of victims hailed Duterte’s arrest.
If the case goes to trial and he is convicted, Duterte could face a maximum sentence of life imprisonment.
“This is a monumental and long-overdue step for justice for thousands of victims and their families," said Jerrie Abella of Amnesty International.
"It is therefore a hopeful sign for them, as well, in the Philippines and beyond, as it shows that suspected perpetrators of the worst crimes, including government leaders, will face justice wherever they are in the world,” Abella added.
