Rodrigo Duterte in custody of International Criminal Court on crimes against humanity charges

Former Philippine President Rodrigo Duterte has been arrested and detained by the International Criminal Court (ICC) for alleged crimes against humanity committed during his "war on drugs." This marks a significant development in the pursuit of accountability for the controversial campaign.

The ICC confirmed the charges against Duterte shortly after his arrival in the Netherlands on Wednesday. It is reported that Duterte experienced a lengthy layover in Dubai, during which he underwent medical examinations, causing delays in his journey. He is expected to be transferred to a detention center on the Dutch coast and make his initial court appearance in the coming days. Duterte has consistently denied any wrongdoing, but the ICC's actions suggest a serious investigation is underway.

In a statement, the ICC said, "The authorities of the Republic of the Philippines have arrested Mr. Duterte pursuant to an arrest warrant issued by Pre-Trial Chamber I of the Court, charging him with the crime against humanity of murder." The ICC arrest warrant states that Duterte, during his presidency, created, funded, and armed death squads that carried out murders of alleged drug users and drug dealers. The ICC has been investigating the mass killings related to the so-called war on drugs since 2021, seeking to determine the extent of Duterte's culpability.

Some human rights organizations claim that as many as 30,000 people have died in the crackdown championed by Duterte. If convicted, Duterte could become the first former Asian head of state to stand trial at the International Criminal Court in The Hague, facing a maximum sentence of life imprisonment. Current Philippine President Ferdinand Marcos announced Duterte's arrest in Manila on Tuesday, stating that Duterte was apprehended upon his return from a trip to Hong Kong. The international community is closely watching this case, given its implications for international justice and human rights.

A small group of supporters and those in favor of Duterte's arrest held demonstrations outside the International Criminal Court on Wednesday, local time. Approximately 20 anti-Duterte protesters gathered earlier outside the ICC in The Hague, holding signs, one of which read: "We demand justice and accountability." Human rights organizations and victims' families have hailed Duterte's arrest as an important step towards justice. Emily Soriano, a mother of a victim, said she hopes more officials will be tried. "Duterte is lucky to get due process, but our children who were killed did not get due process," she stated, highlighting the disparity in treatment.

Lawyer and former Congressman Neri Colmenares, representing victims' families, told the Australian Broadcasting Corporation (ABC) that some families want to tell their stories in the ICC courtroom. "What we are asking is that the victims' families be given a chance to also provide their evidence and express their opinions during the trial because they were deprived of such opportunity during the long years of President Duterte's rule. It's about giving the victims' families the right to seek justice in court… this is a glimmer of hope in their search for justice." The opportunity for families to share their experiences is crucial for the pursuit of truth and reconciliation.

However, the former president's supporters and legal team say his arrest is illegal and have sought his return home. Duterte's lawyers have filed a lawsuit with the Supreme Court seeking to compel local authorities not to comply with the arrest warrant issued by the ICC. While the Philippines is no longer a member state of the ICC, the alleged crimes occurred before the Philippines withdrew from the court. Duterte's daughter, Philippine Vice President Sara Duterte, criticized the Marcos administration for turning her father over to a foreign court that she believes has no jurisdiction over the country. She said she will travel to The Hague to visit her detained father and speak with his lawyers. Philippine President Ferdinand Marcos stated that the arrest in Manila was "appropriate and correct" and not politically motivated. Any challenges to the court's jurisdiction or the admissibility of the case could take months, while any trial could take years, indicating a long legal battle ahead.