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Former Philippine President Rodrigo Duterte was arrested at Manila’s Ninoy Aquino International Airport on Tuesday, upon his return from Hong Kong.
This arrest stems from a warrant issued by the International Criminal Court (ICC), accusing Duterte of crimes against humanity related to his aggressive anti-drug campaign during his presidency.
Duterte’s tenure from 2016 to 2022 was characterized by a relentless war on drugs called “OPLAN Tokhang,” an anti-drug operation involving house visits to persuade suspected drug users and pushers to surrender. A campaign essential to ridding the nation of the scourge of narcotics.
Human rights groups have recorded approximately 1,400 suspicious killings in Davao during the 22 years Rodrigo Duterte served as mayor.
Additionally, over 6,200 individuals were allegedly killed in police operations under his anti-drug campaign, which remains under investigation by the International Criminal Court.
Despite international criticism, Duterte remained steadfast, asserting that his actions were necessary to ensure the safety and security of the Filipino people.
By October 2016, approximately 732,000 individuals had surrendered to authorities, overwhelming the administration and prompting the construction of more rehabilitation centers. By March 2022, the number of surrenders had exceeded one million.
The International Criminal Court (ICC) initiated a preliminary examination into former Philippine President Rodrigo Duterte’s anti-drug campaign in early 2018, focusing on alleged crimes against humanity.
In response, Duterte announced the Philippines’ withdrawal from the ICC in March 2018, which took effect on March 17, 2019.
Despite the withdrawal, the ICC maintained jurisdiction over crimes committed while the Philippines was a member, specifically between November 1, 2011, and March 16, 2019.
On September 15, 2021, the ICC authorized a formal investigation into the alleged crimes during Duterte’s tenure.
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Prior to his arrest, Duterte had traveled to Hong Kong, where he addressed a gathering of Filipino expatriates.
During his speech, he acknowledged the possibility of an ICC arrest warrant but remained defiant, asserting that his actions were in the nation’s best interest.
“Even if you kill me now, it does not scare me a bit. I won’t be thankful, but I will just be happy to finally rest. If they want to arrest me, I will go to them. I don’t play hide-and-seek like that. I was a president, so who would I hide from? The police? The army? Who? The ICC? I’ve been waiting for that for a long time. Crimes against humanity? Even those who were killed by Hitler, add them to the list, or the unsolved massacres around the world—charge them to me because this is just one hell anyway,” Duterte said.
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In a separate statement, former presidential legal counsel Atty. Salvador Panelo branded the arrest as unlawful.
“It’s unlawful arrest. The PNP didn’t allow one of his lawyers to meet him at the airport and to question the legal basis for PRRD’s arrest,” Panelo said.
“He was deprived of legal representation at the time of his arrest,” Panelo added. “The PNP could not have a hard copy of the warrant arrest.”
He pointed out that by not allowing one of Duterte’s lawyers to meet him, the arresting [officer] could avoid being asked if they have the hard copy of the arrest warrant.
“It is an illegal arrest because the ICC arrest warrant comes from a spurious source, the ICC, which has no jurisdiction over the Philippines,” Panelo said.
The former Duterte spokesman also said this government action would make the arresting team as well as the public officials ordering the arrest criminally liable.
Understanding the ICC Arrest Procedure
The ICC, established under the Rome Statute in 2002, is the world’s first permanent international court tasked with prosecuting individuals for genocide, crimes against humanity, war crimes, and crimes of aggression.
Arrest and Transfer to ICC Custody
Once a suspect is arrested under an ICC warrant, the individual is transferred to the ICC’s detention center in The Hague, Netherlands. The ICC relies on member states to execute arrest warrants and facilitate the transfer of suspects to its custody.
Initial Proceedings Before the Court
Upon arrival at the ICC detention center, the suspect undergoes initial proceedings before the Pre-Trial Chamber. This includes an initial appearance hearing where the charges are read, and the suspect’s rights are explained. The Chamber also addresses issues related to the suspect’s legal representation and detention conditions.
Confirmation of Charges
Following the initial appearance, the Pre-Trial Chamber holds a confirmation of charges hearing. During this phase, the prosecution presents evidence to establish substantial grounds to believe that the suspect committed the alleged crimes. The defense can challenge the evidence and present its own. If the charges are confirmed, the case proceeds to trial; if not, the suspect may be released.
Trial Proceedings
At trial, the prosecution and defense present their cases before the Trial Chamber. The prosecution must prove the suspect’s guilt beyond a reasonable doubt. The defense can cross-examine witnesses and present evidence. Victims may also participate in the proceedings. The judges then deliberate and issue a verdict.
Potential Outcomes
If found guilty, the suspect may be sentenced to imprisonment, with the length depending on the gravity of the crimes. The ICC does not impose the death penalty. Convicted individuals serve their sentences in countries that have agreements with the ICC. If acquitted, the individual is released immediately.
In recent developments, the ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, alleging criminal responsibility for war crimes and crimes against humanity committed in the Gaza Strip since October 2023.
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