The International Criminal Court is set to try former Philippine President Rodrigo Duterte for crimes against humanity over his controversial anti-drug campaign.
The Hague, Netherlands – The International Criminal Court (ICC), known as the global tribunal of last resort for the most heinous international crimes, is set to try former Philippine President Rodrigo Duterte. The 79-year-old ex-leader was arrested in the Philippines and subsequently transferred to the Netherlands, marking a historic first as the only former Asian head of state to face trial at the ICC.
Duterte, who led a controversial and violent anti-drug campaign during his presidency, faces charges of crimes against humanity, with the court accusing him of being responsible for thousands of extrajudicial killings. His arrest warrant was executed in the Philippines on Tuesday morning, and he was swiftly transported to The Hague, where he arrived the following day.
Jurisdiction Debate: Can the ICC Try Duterte?
Supporters of Duterte argue that the ICC lacks jurisdiction over him, citing the Philippines’ withdrawal from the Rome Statute in 2019. However, the court’s judges maintain that because the alleged crimes took place before the country’s official exit, they still fall within the ICC’s mandate. The withdrawal does not absolve Duterte from accountability for actions committed while the Philippines was still a member of the court.
What is the ICC?
The International Criminal Court, headquartered in The Hague, is responsible for prosecuting individuals accused of the gravest crimes, including genocide, war crimes, crimes against humanity, and crimes of aggression. The court intervenes in cases where national governments are either unable or unwilling to prosecute such crimes.
As of 2024, 125 nations are members of the ICC. However, major world powers such as the United States, Russia, and China have chosen not to join, limiting the court’s reach in some instances. The ICC welcomed its latest member, Ukraine, in January, further strengthening its mandate in prosecuting war crimes.
The ICC’s Track Record and Notable Cases
Since its establishment in 2002, the ICC has issued 60 arrest warrants and secured 11 convictions. The first conviction came in 2012 when Congolese warlord Thomas Lubanga was sentenced to 14 years for enlisting child soldiers.
Other notable cases include:
- Dominic Ongwen (Uganda, 2021): A former child soldier who became a ruthless commander in the Lord’s Resistance Army, convicted of numerous war crimes, including killings and forced marriages.
- Patrice-Edouard Ngaïssona & Alfred Yekatom (Central African Republic): Accused of orchestrating war crimes as leaders of a Christian militia group. Their trial is ongoing.
- Ali Mohammed Ali Abdul Rahman (Sudan): A Janjaweed militia leader accused of war crimes, whose trial concluded last year. A verdict is expected soon.
Where Will Duterte Be Detained?
Duterte will be held at the ICC Detention Centre, located in a high-security Dutch prison complex in Scheveningen, a coastal suburb of The Hague. The facility houses individuals awaiting trial and ensures detainees have access to legal resources, medical care, and leisure activities.
The detention centre provides:
- Private cells equipped with a bed, desk, television, and intercom system.
- Communal areas featuring a foosball table, kitchen, and gym facilities.
- Access to books, news, and computers for legal preparation.
- Family visitations arranged by the ICC.
Duterte will not serve a sentence in The Hague if convicted. Instead, he would be transferred to a prison in a cooperating state that has agreed to house ICC convicts.
ICC Arrest Warrants: Other High-Profile Suspects
The ICC has also issued arrest warrants for several global figures, some of whom remain at large:
- Vladimir Putin (Russia): Wanted for alleged involvement in the abduction of Ukrainian children. Russia has dismissed the charges.
- Benjamin Netanyahu (Israel) & Former Defense Minister: Accused of war crimes and crimes against humanity in the ongoing Gaza conflict. Netanyahu has condemned the ICC’s actions, calling them “absurd and false.”
- Omar al-Bashir (Sudan): Former Sudanese president wanted for genocide and war crimes in Darfur.
- Joseph Kony (Uganda): The elusive leader of the Lord’s Resistance Army, wanted for crimes including child soldier recruitment and mass killings.
Duterte’s Fate at the ICC
The trial of Rodrigo Duterte is expected to draw international attention, as it sets a precedent for holding former leaders accountable for state-sanctioned violence. If convicted, Duterte could face a lengthy prison sentence, potentially becoming one of the highest-profile leaders to be sentenced by the ICC.
However, his legal team is likely to challenge the court’s jurisdiction and argue that his actions were part of a legitimate law enforcement strategy. The case is poised to be a landmark moment in international justice, reinforcing the ICC’s commitment to prosecuting human rights violations, regardless of political stature.
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