The International Criminal Court (ICC), an institution designated for the gravest international crimes, such as genocide and crimes against humanity, is set to become the new legal battleground for the former President of the Philippines, Rodrigo Duterte. The 79-year-old ex-leader is the first former head of state from Asia to be apprehended by this global judicial body. Duterte’s arrest took place recently in the Philippines, and he was slated to reach the ICC in the Netherlands on a subsequent Wednesday. His detention comes under an ICC warrant citing crimes against humanity linked to a notorious anti-drug operation conducted during his administration.
The ICC’s mandate includes addressing allegations of high-profile crimes such as war crimes, crimes against humanity, genocide, and aggression. It steps in particularly when countries either cannot or are unwilling to prosecute such offenses domestically. With Ukraine as its newest member, the ICC’s jurisdiction now spans over 125 signatory states. However, significant global powers such as the United States, Russia, and China remain non-members. Funded with a budget that surpasses 195 million euros this year, the ICC does not possess its own enforcement arm and hence relies on member states’ cooperation for executing arrests.
Throughout its history, ICC judges have issued 60 arrest warrants, achieving 11 convictions. Historical cases include the 2012 sentencing of Congolese warlord Thomas Lubanga for conscripting child soldiers. More recently, in 2021, Ugandan military leader Dominic Ongwen was convicted of various war crimes and crimes against humanity, owing to his brutal acts as a leader within the Lord’s Resistance Army after his own past as a child soldier. Presently, the ICC has pending verdicts, including cases against Patrice-Edouard Ngaïssona and Alfred Yekatom from the Central African Republic, and Ali Mohammed Ali Abdul Rahman Ali from Sudan, who face multiple grave charges including war crimes.
The ICC’s detention facility is positioned behind the robust walls of a Dutch prison complex in Scheveningen, a coastal area of The Hague. The center offers detainees access to diverse amenities such as books, television, news, and athletic facilities. Detainees also have computer access to aid their defense preparation and can undergo training if needed. The court ensures that detainees maintain family connections through arranged visits. Photographs from the ICC’s official portal showcase communal setups with recreational facilities and a modest medical unit, illustrating the environment within the detention center.
Should Duterte be brought to trial and found guilty, his punishment would not be served at The Hague but in another country’s correctional facility. The ICC’s detention center currently accommodates five other individuals facing prosecution, including figures from Central African Republic, Mali, and Sudan.
The ICC has an extensive list of individuals for whom arrest warrants have been executed since its establishment in 2002. Notables on this list include Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu. Putin’s warrant cites responsibility for child abductions during the Ukraine conflict, charges he has denied. Netanyahu, meanwhile, along with his past defense minister and the military head of Hamas, received ICC warrants associated with alleged crimes in Gaza. Netanyahu dismissed these charges, condemning them as baseless. The charges against Hamas’ commander were nullified posthumously after his presumed death. Additionally, former Sudanese President Omar al-Bashir and Ugandan militia head Joseph Kony remain among those pursued by the ICC.
