Former Philippine President Rodrigo Duterte is set to make his inaugural appearance before judges at the International Criminal Court (ICC) on Friday, following his recent arrest in Manila on murder charges tied to his controversial "war on drugs." The former president, who is 79 years old, has become the first Asian leader to be apprehended under an ICC warrant, highlighting the significant implications of the court's jurisdiction over alleged crimes against humanity.
Duterte will be formally informed of charges filed against him after a thorough investigation by the ICC's prosecutors. These allegations include accusations of overseeing a series of killings prosecuted as crimes against humanity during his presidency from November 2011 until March 2019. Estimates of the death toll during his administration vary dramatically, with official national police figures claiming over 6,000 deaths, while human rights organizations assert the number could be as high as 30,000.
The ICC is responsible for determining a date for a crucial pre-trial hearing, which is expected to take place several months from now. During this hearing, judges will evaluate whether sufficient evidence exists to proceed to a full trial, a process that could potentially take years. Should Duterte be convicted, he faces a maximum sentence of life imprisonment.
Duterte's arrest occurred on Tuesday amidst chaotic scenes in Manila, immediately after he returned from a trip to Hong Kong. Following his arrest, he was quickly transported on a chartered flight to the Netherlands. Upon arriving, he underwent a series of medical examinations before being taken to the ICC's detention center, situated within a Dutch prison complex near the North Sea coastline.
The prosecution's case alleges Duterte's indirect involvement in orchestrating numerous murders, implicating him in the operations of the so-called "Davao Death Squads" (DDS) during his tenure as mayor of Davao City and later as president. Prosecutors assert that he issued direct orders to police and hired assassins, encouraging them to kill suspected criminals, particularly drug dealers. This narrative is supported by evidence consisting of witness testimonies, Duterte's own speeches, governmental documents, and video footage.
Many human rights organizations and families of victims have celebrated Duterte's arrest as a critical victory in the fight against state-induced impunity. For instance, Melinda Abion Lafuente, whose son Angelo was reportedly tortured and killed in 2016, expressed relief and gratitude towards the judicial process. Bryony Lau, deputy Asia director at Human Rights Watch, stated that Duterte’s case exemplifies the resilience of victims and activists in seeking justice, emphasizing that leaders currently evading accountability, like Vladimir Putin and Benjamin Netanyahu, could also face similar fates.
However, Duterte's legal team contends that President Ferdinand Marcos Jr.’s administration should not have facilitated the ICC's custody over the former leader, given that the Philippines withdrew from the court in 2019. Vice President Sara Duterte, who is also the ex-president’s daughter and political rival of Marcos, criticized the government’s actions, arguing that it surrendered a Filipino citizen, especially a former president, to foreign powers. Nonetheless, the judges who authorized the arrest warrant maintain that the court retains jurisdiction, as the alleged crimes occurred prior to the Philippines' withdrawal from the ICC.
