The implications of former Philippines President Rodrigo Duterte’s arrest on ICC warrant - The Hindu

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Rodrigo Duterte's Arrest and the ICC

Former Philippine President Rodrigo Duterte was arrested and transferred to the Netherlands to face charges of crimes against humanity before the International Criminal Court (ICC) for his role in the "war on drugs." The ICC found reasonable grounds to believe he's responsible for murder as an indirect co-perpetrator.

Duterte's 'War on Drugs'

The ICC's investigation covers Duterte's time as Davao City mayor and president. Rights groups estimate 30,000 deaths during this period. Duterte defended his actions as necessary, but allegations include police receiving bounties for killing suspects, as evidenced in a 2017 Amnesty International report.

Domestic Political Implications

Despite the Philippines' withdrawal from the ICC's jurisdiction in 2019, the ICC argued it retained authority to investigate crimes committed before the withdrawal. President Ferdinand Marcos Jr.'s cooperation shifted following a deterioration of the alliance between his administration and Duterte's family. Duterte's daughter, the vice president, even faces impeachment charges.

ICC Jurisdiction

Duterte contested the ICC's jurisdiction, but the court rejected the Philippines' argument that its institutions were capable of prosecuting the alleged crimes. The ICC relies on national governments for enforcement, leading to inconsistencies in compliance with arrest warrants, as exemplified by the case of Sudanese President Omar al-Bashir.

Implications for the ICC

Duterte's indictment is a significant development for the ICC, contrasting with unenforced warrants for Putin and Netanyahu. It pushes back against criticism that the court disproportionately targets African leaders, although China voiced concern about politicization.

What Lies Ahead

A comprehensive prosecution requires Philippine cooperation, which is currently lacking. Duterte's lawyer argued his arrest was kidnapping and he's unfit for trial, but the court dismissed these claims. The next step is a hearing to confirm charges, and a trial, if approved, is not expected anytime soon.

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