What we know about the Duterte ICC arrest warrant … in 92 seconds
Apart from the detention center of the International Criminal Court (ICC), where the former president of the Philippines Rodrigo Duterte was taken Wednesday, his supporters gathered, waving the national and shouting flags: “Reduce it!” While he was trained through the imposing iron doors at high speed.
Shortly before landing in the Netherlands, the 79-year-old man shamelessly defended his bloody “war against drugs” for which the ICC says there are “reasonable reasons” to be the subject of murder as a crime against humanity.
Small drug traffickers, users and others were killed without trial on his watch as mayor and, later, as president.
The official toll amounts to 6,000, although activists believe that the real figure could reach tens of thousands.
Duterte said he had repressed drug traffickers to get rid of street crimes.
However, the rights defense groups allege that the campaign was in the grip of police abuses, targeting young men of the poor urban.
Duterte is the first former Asian Head of State to be charged by the ICC – and the first suspect to be transported by plane to The Hague in three years.
And his arrival arrives at a pivotal moment for the International Criminal Court.
How did Rodrigo Duterte end up in a prison cell?
On Monday, the arrest and expulsion of Rodrigo Duterte are the result of an unprecedented chain of events.
His supporters allege that the ICC is used as a political tool from the current president of the Ferdinand Marcos country who died publicly with the powerful Duterte family.
The ICC is a last resort court designed to keep the most powerful to account when the national courts cannot or do not want to do so. But this case recalls to what extent it depends on the cooperation of the State in order to fulfill its mandate – it does not have any power to stop people without the cooperation of the countries in which they are, which is most often refused.
In the case of Duterte, the chances that he was never continued by the ICC seemed unthinkable even in 2022, when her daughter, vice-president Sara Duterte, allied with Marcos to create the powerful “Uniteam” which swept the parliamentary elections.
Until a few months ago, Marcos rejected the idea of cooperating with the ICC.
But the pace to which Duterte has received an arrest warrant and extradited shows that when political winds change, those who, formerly considered untouchable, can find themselves touching The Hague.
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Duterte will spend her 80th anniversary in the CPI detention center, located in the Dunes de la Haye
The entire process of his extradition – from his detention to Manila when he arrived in The Hague – was documented on social networks by his daughter Kitty and Duterte himself through his assistant. His plane was the most followed on the flight radar.
“I am the one who led our police forces and our soldiers. I said that I will protect you and that I will be responsible for all of this,” he said on a Facebook video, one of the many that were shared over 24 hours during his trip from Manila to Haye.
He provided rare information on what is generally an opaque process, and the world was able to follow, sometimes in real time, at each stage of it until the meals that Dutterte was served on board his chartered jet.
A victory much necessary for the ICC?
Duterte’s arrest now sends a strong signal that even powerful individuals could be held responsible for their actions, potentially dissuading future abuses.
His case has also rekindled a debate on the role of the ICC concerning national sovereignty, a concern often raised by non-member states such as the United States, Russia and China.
The court depends on its 128 members to finance and be the operational branch of this legal body.
So, the arrival of Duterte’s titles, followed by her first night in a prison cell in The Hague, offers the court a very necessary victory.
After having served two high -level arrest mandates – one for Russian President Vladimir Putin, and another for Israeli Prime Minister Benjamin Netanyahu on the war in Gaza – which is unlikely to be applied as soon as possible, the arrival of Duterte will be presented as proof of the court.
This is a decisive test for the CIC capacity to operate effectively in an increasingly polarized climate.
The ICC prosecutor Karim Khan was recently sanctioned by Donald Trump for the arrest warrant issued for Benjamin Netanyahu.
Duterte’s detention provides him with a powerful response.
“Many say that international law is not strong,” said Karim Khan. “But international law is not as weak as some may think. When we bring together, when we establish partnerships, the rule of law may prevail.”
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Duterte’s arrest offers the ICC a victory that is very necessary in an increasingly polarized climate
The former president of the Philippines will now mark his 80th anniversary this month in the CPI detention center, located in the Dunes de la Haye.
The establishment, formerly a Nazi prison complex, offers each inmate a private cell, access to computers, library and sports facilities.
If he is not satisfied with the meals provided, Duterte can prepare her own food using a list of shopping in the kitchen of the detention center. He will also have access to medical care, lawyers and visitors.
He should make his initial appearance in the coming days, where he will confirm his identity, will choose the language in which he wishes to follow the procedure and will recognize the accusations brought against him.
Following this public appearance, a confirmation hearing of the accusations will follow, during which the judges will decide whether the accusation presented a sufficient amount to proceed to the trial.
If the accusations are confirmed, he could be made several months before he was finally tried, and years before a final judgment.
