Philippines Duterte's first night in ICC custody is a pivotal moment for the court

Former Philippine President Rodrigo Duterte has been sent to the International Criminal Court (ICC) detention center. On Wednesday evening, his supporters gathered outside the center, waving national flags and chanting "Bring him back!" A vehicle believed to be carrying Duterte sped past the tall iron gates.

Shortly before arriving in the Netherlands, the 79-year-old former president unapologetically defended his bloody "war on drugs." The ICC believes there are "reasonable grounds" to charge him with murder as a crime against humanity. During his time as mayor and later as president, small-time drug dealers, drug users, and others were killed without trial. Official figures put the death toll at 6,000, but activists believe the actual number could be in the tens of thousands.

Duterte stated that his crackdown on drug dealers was to eliminate street crime in the country. However, human rights organizations claim that the campaign was rife with police abuse and targeted young people from urban slums. Duterte is the first former Asian head of state to be prosecuted by the ICC and the first suspect to be airlifted to The Hague in three years. His arrival comes at a crucial time for the ICC.

Rodrigo Duterte's arrest and extradition on Monday was the culmination of an unprecedented series of events. His supporters claim that the ICC is being used as a political tool by the country's current president, Ferdinand Marcos, who has publicly broken with the powerful Duterte family. The ICC is a court of last resort, designed to hold the most powerful to account, provided that national courts are unable or unwilling to do so. But this case is a reminder of how much the ICC depends on national cooperation to fulfill its mandate—without the cooperation of the relevant country, it has virtually no power to arrest people, and such cooperation is often denied.

As far as Duterte was concerned, even in 2022, the possibility of him being prosecuted by the ICC seemed unimaginable, when his daughter, Vice President Sara Duterte, allied with Marcos to create a powerful "unity ticket" that swept the presidential election. Until a few months ago, Marcos had dismissed the idea of cooperating with the ICC. But the speed with which Duterte was served an arrest warrant and extradited shows that when the political winds shift, those once considered untouchable may find themselves landing in The Hague.

The entire extradition process, from his detention in Manila to his arrival in The Hague, was documented on social media by his daughter Kitty and Duterte himself through his aides. His plane was the most tracked plane on flight radar. During the more than 24-hour journey from Manila to The Hague, he said in a Facebook video: "I led our law enforcement and the military. I said I would protect you, and I will take full responsibility for this." The video was widely shared. It provided a rare glimpse into a usually opaque process, with the world following, sometimes in real time, everything from the meals he enjoyed on the chartered flight to his every move.

Duterte's arrest now sends a strong signal that even powerful figures can be held accountable for their actions, potentially deterring future abuses. His case has also reignited the debate about the ICC's role in relation to national sovereignty, a concern often raised by non-member states such as the United States, Russia, and China. The court relies on its 128 member states to fund and serve as the operating arm of the judicial body. Therefore, Duterte's high-profile arrival, and his first night in detention in The Hague, provide a much-needed win for the court.

After issuing two high-profile arrest warrants—one for Russian President Vladimir Putin and another for Israeli Prime Minister Benjamin Netanyahu because of the Gaza war—neither of which is likely to be executed, Duterte's arrival will be seen as proof of the court's ability to bring those accused of the most serious atrocities to justice. This is a litmus test of the ICC's ability to operate effectively in an increasingly polarized climate. ICC Prosecutor Karim Khan was recently sanctioned by Donald Trump for issuing an arrest warrant for Benjamin Netanyahu. Duterte's detention provides him with a powerful response.

"Many people say international law is not strong," Karim Khan acknowledged. "But international law is not as weak as some people think. When we come together, when we build partnerships, the rule of law can prevail." Duterte's arrest provides the ICC with a much-needed victory in an increasingly polarized climate. The former Philippine president will celebrate his 80th birthday this month at the ICC detention facility in the dunes of The Hague.

The facility, once a Nazi prison complex, provides each detainee with a private cell, access to a computer, a library, and sports facilities. If he is not satisfied with the meals provided, Duterte can choose to prepare his own food using a shopping list from the detention center kitchen. He will also have access to healthcare, lawyers, and visits from visitors. He is expected to make his first court appearance in the coming days, where he will confirm his identity, choose the language of proceedings he wishes to use, and acknowledge the charges against him.

Following this public appearance, a confirmation of charges hearing will be held, during which judges will decide whether the prosecution has provided sufficient evidence to proceed to trial. If the charges are confirmed, it could be months before he finally faces trial, and it could be years before a final verdict is reached.