THE HAGUE, Netherlands – Former Philippine President Rodrigo Duterte is set to appear before the International Criminal Court (ICC) judges on Friday, following his unexpected arrest in Manila linked to murder charges stemming from the deadly “war on drugs” campaign he led while in office.
At 79, Duterte becomes the first former leader from Asia to be apprehended on an ICC warrant. During his appearance, he will be informed of the charges of crimes against humanity, filed after a protracted investigation by ICC prosecutors.
The reported death toll during Duterte’s presidency fluctuates widely, with national police citing over 6,000 deaths compared to the 30,000 suggested by human rights organizations.
The court will attempt to schedule a preliminary hearing, likely months down the line, to evaluate if there exists sufficient evidence for a full trial, which could span several years. Should Duterte be found guilty, he could face life imprisonment.
Philippine Vice President Sara Duterte, who is also Duterte’s daughter, addressed supporters outside the court on Friday. She expressed her intentions to seek permission to visit her father and to request a change in the location of the hearing, though she did not provide further details.
Sara Duterte stated, “Our expectation is that they will allow us to visit and move the initial appearance, as requested.”
He was apprehended in Manila on Tuesday amidst chaotic scenes following his return from Hong Kong. Duterte was then transported on a chartered flight to the Netherlands, where he underwent medical checks before being taken to the ICC detention center situated within a Dutch prison complex near the North Sea.
The accusations against him describe his role as an “indirect co-perpetrator” of numerous murders, categorized as crimes against humanity. This dates back to his time as mayor of Davao City and later as President of the Philippines, extending from November 2011 to March 2019.
During Friday’s hearing, Duterte will not be required to enter a formal plea.
The prosecution’s arrest request portrays Duterte’s alleged directive to police and “hitmen,” forming the controversial “Davao Death Squads” (DDS). Prosecutors claim he instructed these groups to eliminate criminals, specifically drug dealers, and that they operated under his protection and were compensated with resources and weapons.
Evidence underpinning the ICC arrest warrant includes witness accounts, Duterte’s own speeches, official documents, and video footage.
Duterte’s arrest has been hailed by human rights advocates and families of victims as a significant step against state impunity. Meanwhile, his supporters criticize the Philippine government for yielding their former leader to an international court, whose authority they challenge.
Melinda Abion Lafuente, whose son was alleged killed in 2016, expressed relief and happiness at the arrest. Bryony Lau of Human Rights Watch highlighted the appearance before the ICC as a testament to the tenacity of the victims and other stakeholders seeking justice. She added that leaders like Vladimir Putin and Benjamin Netanyahu should take note of Duterte’s case.
Duterte’s legal representatives claim that President Ferdinand Marcos Jr.’s administration should not have permitted the ICC to apprehend the former leader, as the Philippines had withdrawn from the court’s jurisdiction in 2019.
Vice President Sara Duterte accused the government of surrendering a Filipino, and a former president, to foreign entities.
The ICC judges justified Duterte’s warrant by stating jurisdiction due to the alleged crimes occurring before the Philippines exited the court.