The man who once told a crowd, “Forget the laws on human rights,” has been detained on a warrant from the International Criminal Court for crimes against humanity. Rodrigo Duterte, 79, who left office in 2022, remains a popular and influential politician in the Philippines, despite the fact that his ‘war on crime’ resulted in the extrajudicial deaths of as many as 30,000 people at the hands of his ‘security forces.’
In the I.C.C. warrant, a three-judge panel wrote that, based on the evidence presented by the court’s prosecutor, it believed that killings ordered by Duterte as mayor of the city of Davao and later as president were “both widespread and systematic.” The panel also said it believed that “Mr. Duterte is individually responsible for the crime against humanity of murder.”
Convicting the former president won’t be easy. While he was president, Duterte removed the Philippines from the jurisdiction of the I.C.C. He then went on to pardon himself for the crimes that he committed. In his mind, and that of his supporters, he’s untouchable.
But in the warrant, the I.C.C. panel of judges wrote that the court still had jurisdiction in the matter because its inquiry was focused on killings that occurred while the Philippines was still a member of the court. The nation remains a member of Interpol, which can seek the arrest of Duterte on behalf of the I.C.C. A representative of Interpol was present when Duterte was arrested. The I.C.C. warrant says that “Mindful of the resultant risk of interference with the investigations and the security of witnesses and victims, the chamber is satisfied that the arrest of Mr. Duterte is necessary.”
The case is automatically high profile not only because Duterte is still popular in much of the Philippines, but also because the I.C.C. itself has struggled to make arrests on several warrants as alleged war criminals claim to not be under the jurisdiction of the court. That list includes Israel’s Prime Minister, Benjamin Netanyahu, and Hamas’s leadership in both Gaza and Iran. Prosecuting Duterte would demonstrate that the court still has some authority and deserves appropriate respect.
The Duterte administration moved to suspend the global court’s investigation in late 2021 by noting that Philippine authorities were already looking into the same allegations, arguing the I.C.C .- a court of last resort – didn’t have jurisdiction. Appeals judges at the I.C.C. ruled in 2023 that the investigation could resume and rejected the Duterte administration’s objections.
While the Philippines have not formally rejoined the court, the administration of current President Ferdinand Marcos has said it would cooperate if the I.C.C. asked international police to take Duterte into custody through a so-called Red Notice, a request for law enforcement agencies worldwide to locate and temporarily arrest a criminal suspect.
A conviction by the World Court could have a significant effect on the policing of politicians worldwide. Many leaders have declared that the I.C.C. is toothless and carries no real power. A strong conviction and sentence in the Duterte case would let world leaders know that continued violation of human rights will not be tolerated.
This is still a developing story and we will provide updates as warranted.
Discover more from Chronicle-Ledger-Tribune-Globe-Times-FreePress-News
Subscribe to get the latest posts sent to your email.
