The recent arrest of former Philippine President Rodrigo Duterte on an International Criminal Court (ICC) warrant for crimes against humanity represents a significant shift in the global discourse on human rights accountability.
The warrant, which stems from allegations of extrajudicial killings during Duterte’s controversial “war on drugs”, has reignited debates on state-sponsored violence and the role of international justice in holding leaders accountable.
Duterte’s War on Drugs and Its Impact
Initiated in 2016, Duterte’s anti-drug campaign resulted in thousands of deaths, with an estimate of 30,000. Many of these killings, according to human rights organizations, were extrajudicial executions targeting impoverished urban communities.
Despite widespread international criticism, Duterte and his administration consistently claimed that the campaign was necessary for national security and crime prevention.
The violent crackdown widely affected the poor, with many victims allegedly killed without due process. Police operations and vigilante-style executions became widespread, fueling accusations that the government was complicit in systematic human rights violations.
Investigations by Amnesty International, Human Rights Watch, and the United Nations have pointed to evidence of summary executions and fabricated charges against suspects.
The ICC’s Pursuit of Accountability
The ICC first expressed concern about Duterte’s drug war in 2016, when then-prosecutor Fatou Bensouda announced a preliminary examination into reports of widespread killings in the Philippines.
In 2019, Duterte withdrew the country from the ICC, arguing that the court had no jurisdiction over the matter, however, the ICC maintained that it retained jurisdiction over crimes committed while the Philippines was still a member state.
Duterte’s arrest underscores the ICC’s determination to uphold human rights standards, even in cases where national governments refuse to cooperate. The move sets a critical precedent demonstrating that political leaders can be held accountable for state-sanctioned violence, regardless of whether they remain in power or attempt to evade legal responsibility.
A Turning Point for Human Rights Advocacy
In the Philippines, the arrest has intensified political tensions. Vice President Sara Duterte has strongly opposed the ICC’s actions, while incumbent President Ferdinand Marcos Jr., who opted not to rejoin the global court, has maintained a cautious stance. However, the Marcos administration has stated that it would cooperate if the ICC issues a Red Notice – a request for international law enforcement to locate and temporarily detain a suspect.
The administration’s response will test and determine the country’s commitment to international human rights obligations and the rule of law.
Duterte’s arrest further reinforces the principle that no leader is above the law, sending a powerful message to governments worldwide about the consequences of extrajudicial practices.
In a statement, Human Rights Watch’s Deputy Asia Director Bryony Lau described the former president’s arrest as a “critical step for accountability in the Philippines.”
“His arrest could bring victims and their families closer to justice and sends the clear message that no one is above the law,” she added.
Moving forward, the ICC states that after an arrest, the accused is to be transferred to The Hague, where they will undergo initial proceedings, including a confirmation of charges hearing.
If the charges are upheld, a full trial will follow, where prosecutors will present evidence of crimes against humanity. The ICC’s ability to secure a conviction depends on cooperation from international stakeholders, including governments and human rights organizations providing witness testimonies and documentation of abuses.
