Rodrigo Duterte, the former president of the Philippines, was arrested on the 11th (local time), raising concerns about the International Criminal Court's (ICC) overreach. On that morning, Philippine police arrested former President Duterte at Manila International Airport upon his arrival from Hong Kong, following an ICC arrest warrant, and the plane he was on took off that afternoon towards the ICC in The Hague, Netherlands.
The arrest warrant for Duterte was issued by the ICC through Interpol. The ICC has been investigating former President Duterte since 2018. It is claimed that up to 30,000 people died due to Duterte's 'war on drugs' conducted over approximately six years since he took office in 2016, with a significant number of those killed lacking evidence related to drug distribution or use.
On that day, The New York Times (NYT) reported, "Duterte was arrested under the warrant issued by the ICC, and this case presents complex legal issues regarding jurisdiction," adding that "this case is expected to be an important test of the extent of the ICC's legal authority." Duterte's camp has rebutted, saying the "arrest by the ICC is illegal."
The controversy over the ICC's arrest of former President Duterte arose from differing interpretations regarding the timing of the Philippines' withdrawal from the ICC. The ICC is a permanent court established in The Hague, Netherlands, under the 'Rome Statute' adopted in 1998, to criminally prosecute individuals for acts such as ▲ genocide ▲ crimes against humanity ▲ war crimes ▲ aggression under international law.
However, the Philippines declared its withdrawal from the ICC immediately after the announcement in 2018 that an initial investigation into former President Duterte would commence, and officially withdrew in March of the following year. Duterte's legal team claims, "The Philippines is not a member of the ICC, so the arrest of President Duterte is illegal, and the ICC has no jurisdiction over the arrest."
The ICC's perspective differs. ICC judges noted in the arrest warrant issued on the 7th that "the charges against Duterte occurred at a time when the Philippines was still a member of the ICC, so the ICC has jurisdiction over his arrest." They also stated that since the Philippines is still a member of Interpol, the ICC can arrest Duterte through Interpol. In fact, Interpol officials were present at the scene during Duterte's arrest.
"Opinions among experts are divided. Romel Bagares, a professor of international law at the University of the Philippines, stated, "This case will become legally complicated due to jurisdiction issues," adding, "Legally, there must be an extradition treaty to send a criminal abroad." This indicates that arresting Duterte in the Philippines, which has not signed an extradition treaty, and extraditing him to the ICC could be controversial.
This arrest was carried out with the cooperation of President Ferdinand Marcos's government, which has severed its political alliance with Duterte and reverted to a confrontational stance. Sarah Williams, a professor of international criminal law at the University of New South Wales in Australia, noted, "Duterte was not captured abroad, but was directly arrested by the Philippine government," adding that "the Philippine government could have claimed it had no obligation to assist the ICC, but did not do so."
"After being extradited to the ICC, former President Duterte is expected to undergo initial hearings and trial proceedings. During this process, Duterte's legal team may raise jurisdictional issues. NYT reported, "If found guilty, he could face a maximum sentence of 30 years in prison," noting that "Duterte's lawyers are likely to argue that his actions were in self-defense." Legal experts predict that it could take at least 2 months to over 2 years before Duterte begins to stand trial.