What Happened?
The International Criminal Court (ICC) in The Hague has taken former Philippine President Rodrigo Duterte into custody to face trial for crimes against humanity over his brutal war on drugs. Duterte, known as “The Punisher,” served as president for six years, leading a ruthless crackdown that resulted in thousands of extrajudicial killings, mostly targeting young men in impoverished communities. Before becoming president in 2016, he built his reputation as a hardline mayor in Davao City, pledging to expand his violent anti-drug policies nationwide. He frequently boasted about killing drug offenders and openly threatened his critics through inflammatory speeches and populist rhetoric. His administration authorised what rights groups called “death squads” that carried out executions of alleged drug dealers.
A 2020 United Nations report on Duterte’s “War on Drugs” states,
“the modus operandi for the killings involved police raiding homes to apprehend alleged drug dealers or users, who instead of being taken into custody would be reported dead, with the police claiming self-defense.”
A Filipino forensic expert interviewed by Amnesty International remarked, “It’s so consistent, it’s a script. In fact, when you see the report, it looks like a template.” Allegedly, evidence in some cases was also planted. The victims of the Duterte’s campaign largely belonged to the urban poor population.
What is the International Criminal Court?
The International Criminal Court (ICC) is an independent tribunal dedicated to investigating the world’s most serious crimes. Established by the Rome Statute in 1998, it began work in 2002 and is based in The Hague, Netherlands. The ICC serves as a permanent global court, prosecuting cases of genocide, war crimes, crimes against humanity, and aggression.
ICC works closely with the United Nations. The UN Security Council can refer cases, but the court operates on its own and is an autonomous body. It steps in when national courts can’t or won’t act, ensuring justice isn’t ignored. However, without its own enforcement power, the ICC relies on member states to carry out arrests, gather evidence, and enforce its rulings.
What are some previous cases tried by the ICC?
The International Criminal Court (ICC) has prosecuted several leaders for grave human rights violations, including genocide, war crimes, and crimes against humanity. The case of Rodrigo Duterte is not unique; other leaders, such as Sudan’s Omar al-Bashir and the Democratic Republic of the Congo’s Jean-Pierre Bemba, have also faced charges.
Al-Bashir was accused of mass atrocities during the Darfur conflict (2003–2008). Despite ICC arrest warrants, he remained free until Sudan’s transitional government agreed to extradite him in 2021—though this has yet to happen. Bemba was convicted in 2016 for war crimes committed by his militia but was later acquitted in 2018 after judges ruled that he was not responsible for their actions. The cases of Duterte, al-Bashir, and Bemba illustrate the ICC’s efforts to hold leaders accountable for mass atrocities. At the same time, they also highlight the court’s limited enforcement power.
ICC proceedings against Duterte
The ICC began its examination in 2018, which led Duterte to withdraw the Philippines from the Rome Statute in 2019. Duterte challenged the ICC on its jurisdiction, stating, “The Philippines is withdrawing its ratification of the Rome Statute effective immediately.” His legal team continues to challenge the court’s authority, arguing that Philippine courts should handle the case and that the country’s withdrawal makes the ICC’s actions illegitimate.
The ICC has stated that Duterte’s actions during his presidency amount to crimes against humanity. Following his arrest, it said, “The arrest of Mr. Duterte underscores the ICC’s dedication to holding individuals accountable for alleged crimes against humanity, ensuring that justice is served for the victims.”
The pre-trial chamber found “reasonable grounds to believe” he was responsible for mass killings between 1 November 2011 and 16 March 2019. Despite the Philippines’ withdrawal from the Rome Statute, the ICC ruled it still has jurisdiction over crimes committed before the withdrawal took effect, as the country was a signatory when the charges were filed.
The arrest of Duterte
Authorities arrested Duterte on 11 March 2025 at Manila’s Ninoy Aquino International Airport. Duterte’s associates previously condemned the ICC’s actions as an attack on Philippine sovereignty. In 2016, Senator Alan Peter Cayetano defended Duterte’s policies, stating, “Our war against illegal drugs is not a war against life, but a war to fight for the lives of all Filipinos.” Senator Bong Go also emphasized Duterte’s enduring popularity, noting that “88% of Filipinos supported the war on drugs in September 2017.”
The present Philippine government has taken a different stance by defending the legal process. During a recent Senate inquiry, officials stated, “The Philippine government upholds the rule of law and ensures adherence to international humanitarian obligations.” The investigation, initiated amid mounting pressure from human rights groups and opposition lawmakers, aims to assess the government’s obligations regarding Duterte’s potential prosecution.
Domestic controversy
The arrest has generated domestic controversy. Duterte’s supporters argue that handing him over to the ICC undermines Philippine sovereignty by setting a dangerous precedent for future foreign intervention in national affairs. The Philippine Supreme Court is reviewing the petitions challenging his transfer. Meanwhile, the ICC has scheduled a confirmation of charges hearing for 23 September 2025, a crucial step in determining whether the case will proceed to trial.
Duterte’s case emphasizes the intricate relationship between national sovereignty and international law. It poses vital questions about how states balance domestic judicial independence along with international mechanisms for justice. Duterte’s arrest may serve as a watershed moment for international human rights enforcement, shaping how the world holds leaders accountable for mass atrocities.
