I.C.C. Arrests Duterte Despite Jurisdiction Questions

The International Criminal Court (I.C.C.) has arrested former Philippine President Rodrigo Duterte on a warrant issued by the court. However, questions over jurisdiction complicate the matter.

Duterte was taken into custody at the Villamor Air Base in Manila and later flown to The Hague, where he will make an initial appearance before I.C.C. judges. He faces charges of crimes against humanity for his alleged role in the country’s brutal anti-drug campaign, which killed thousands of people, including minors and those not involved in the drug trade.

The Philippines withdrew from the Rome Statute, the treaty that gives the I.C.C. jurisdiction over its territory, in 2019. However, a panel of I.C.C. judges ruled that the court had jurisdiction due to the accusations pre-dating the country’s withdrawal.

Duterte’s arrest raises questions about the legal reach of the I.C.C. and the role of Filipino authorities. His lawyer claims the arrest is illegal and without jurisdiction, citing the Philippines’ withdrawal from the treaty.

The case is a closely scrutinized test of the I.C.C.’s power to investigate accusations of genocide, war crimes, and crimes against humanity. It could take up to two years or more before Duterte faces a formal trial in The Hague.

For families whose loved ones were killed during Duterte’s crackdown, his arrest is seen as a step towards accountability. A conviction could result in a sentence of up to 30 years.

Source: https://www.nytimes.com/2025/03/11/world/asia/duterte-icc-arrest-explained.html