Rodrigo Duterte, the former President of the Philippines, was apprehended by INTERPOL Manila on allegations of crimes against humanity stemming from his controversial “war on drugs” campaign, which spanned from 2011 to 2019. Duterte’s arrest, which occurred on Tuesday upon his return from Hong Kong, follows an arrest warrant issued by the International Criminal Court (ICC) on the same day, as confirmed by the Philippines Presidential Communication Office. For more details, see the full JURIST report.
In a video uploaded to Instagram by his daughter, Duterte contested the grounds of his arrest, categorizing it as warrantless and illegal. Moreover, Salvador Panelo, Duterte’s former chief presidential legal counsel, argued that the arrest was politically driven, aiming to block Duterte’s potential candidacy in the 2028 presidential race. The arrest has ignited protests at the airport as his supporters rallied against it.
An issue of jurisdiction has emerged, given the Philippines’ prior withdrawal from the ICC in March 2019. However, a deferral of the investigation by the ICC Prosecutor was later overridden when the ICC Appeal Chambers allowed the investigation to resume in 2023. This decision was made by a narrow 3-2 majority, with the reasoning that the Philippines implicitly consented to the court’s jurisdiction through its deferral request. Details on this development can be explored in a published ICC document.
- The alleged crimes span from extrajudicial killings in Davao City during Duterte’s tenure as mayor to the extensive “war on drugs” campaign while he served as president.
- Human Rights Watch attributes over 12,000 Filipino deaths to the drug war, with a significant number attributed to actions by the Philippine National Police.
- There have been accusations against authorities for allegedly fabricating evidence to rationalize these killings as acts of self-defense.
Despite the concern over the ICC’s jurisdiction, the possibility remains for domestic prosecution. The Philippines criminalized crimes against humanity in 2009 and has affirmed its commitment to exercising criminal jurisdiction over those alleged to be responsible for international crimes, as noted in a 2024 statement to the UN. Furthermore, Amnesty International has encouraged the swift transfer of Duterte to the ICC in hopes of advancing justice for the human rights violations committed during his administration’s war on drugs. Read more about this position in statements from Amnesty International.