Duterte takes rap for drug war

Former Philippine President Rodrigo Duterte declared on Thursday that he was taking full responsibility for his administration’s war on drugs as the International Criminal Court (ICC) formally took him into custody.

“I am the one who led our law enforcement and military. I said that I will protect you, and I will be responsible for all of this,” Duterte said in a video posted to his and a close advisor’s Facebook pages.

Duterte, 79, is the first Asian former head of state to face the ICC.

The Hague-based tribunal said there were “reasonable grounds” to charge him with murder as a crime against humanity, accusing him of being an “indirect co-perpetrator” in an anti-drug campaign that rights groups estimate killed tens of thousands.

An ICC spokesperson confirmed Duterte was in court custody after arriving in Rotterdam by private jet.

A vehicle believed to be carrying him drove into the ICC detention center in The Hague past a crowd of supporters, some shouting “bring him back!” while waving Philippine flags.

“There has been no due process,” said caregiver Duds Quibin, 50. “This is kidnapping. They just put him on a plane and brought him here.”

The center, near the North Sea coast, provides detainees with individual cells, computers to work on their cases, and an outdoor exercise area. Duterte will be held there until his initial court appearance, expected in the coming days.

Speaking outside the ICC, Gilbert Andres, a lawyer representing victims of the drug war, said: “My clients are very thankful to God because their prayers have been answered. The arrest of Rodrigo Duterte is a great signal for international criminal justice. It means that no one is above the law.”

Not mooted

Despite Duterte’s transfer, his legal team insisted that their petition before the Philippine Supreme Court remained valid. Atty. Raul Lambino, a PDP-Laban senatorial candidate, said they had sought a Temporary Restraining Order (TRO) to block Duterte’s detention but this was denied.

“We went to the Supreme Court hoping we could get a TRO, but none was issued. Then on the following day, 12 March, the Supreme Court released an order denying our request for an injunction,” Lambino said in a forum at the Chamber of Commerce of the Philippine Islands.

This contradicted his earlier claim in a Facebook livestream that the Supreme Court had granted the TRO.

“We just received an advisory from the Supreme Court — I am with Attorney Torreon,” Lambino had said, referring to Atty. Israelito Torreon, another Duterte lawyer. “We received the call that [the TRO] was granted.”

When questioned about the discrepancy, Lambino said, “I was hoping this wouldn’t get asked here.”

He maintained, however, that the legal battle was “not yet moot and academic” despite Duterte’s arrival in the Netherlands.

Lambino said their team will file a motion for reconsideration, arguing due process violations.

“We believe there was a violation of the former president’s rights. We are not admitting that the Rome Statute of the ICC still applies here since we have withdrawn from the ICC,” he said.

Citing Article 59 of the Rome Statute, which states that an arrested person must be brought before a competent judicial authority in the state where they were detained, Lambino argued that Duterte was deprived of his right to challenge the arrest in the Philippines.

“What was the rush about? This is political persecution,” he said.

Former Labor secretary Silvestre Bello, who is part of Duterte’s legal team, was denied entry to Villamor Airbase to see him, Lambino claimed.

Vice President Sara Duterte, who flew to Amsterdam on Wednesday, was also reportedly barred from seeing her father at Villamor before he was flown out.

Separate pleas

Duterte’s children, Davao City Mayor Sebastian Duterte and Veronica “Kitty” Duterte, have separately filed petitions before the Supreme Court seeking his release.

Mayor Duterte’s petition called for the “immediate and unconditional” release of his father, arguing that his arrest and transfer to the ICC were unlawful.

Kitty Duterte, represented by former presidential legal counsel Salvador Panelo, filed a habeas corpus petition demanding that authorities “produce the body” of the former president before the court.

The Philippines withdrew from the ICC in 2019 under Duterte’s directive. However, the tribunal claims jurisdiction over killings committed while the country was still a member, including the deaths in Davao City when Duterte was its mayor.

The arrest warrant stated there are “reasonable grounds to believe” at least 19 people were murdered by the so-called Davao Death Squad, allegedly under Duterte’s command.

Additionally, ICC judges believe at least 24 more individuals were killed by Philippine police in various locations.

Victims’ families rejoice

At a church in Manila, families of the drug war victims welcomed his arrest.

“Duterte is fortunate, there’s due process for him. There was no due process for my son,” said Emily Soriano, who lost her son Angelito in the crackdown. “He will be lying down on a good bed, my son is rotting in the cemetery.”

UN Human Rights chief Volker Turk called Duterte’s detention “a very important step towards seeking accountability for the thousands of victims.”

China chimes in

Meanwhile, China criticized the ICC for “politicization” and “double standards.”

Duterte’s arrest follows a wave of high-profile ICC actions, including warrants issued against Russian President Vladimir Putin in 2023 and Israeli Prime Minister Benjamin Netanyahu in 2024.

ICC Chief Prosecutor Karim Khan said Duterte’s arrest “is important to victims” and proves “international law is not as weak as some may think.”

Despite the legal storm surrounding him, Duterte has remained defiant. Before his arrest, he called ICC investigators “sons of whores” but added that he would “accept” the consequences of his actions.

Other enforcers accountable

Law enforcers, past and present, accused of abuses during Duterte’s drug war would remain accountable despite the former president’s arrest.

Justice Assistant Secretary Jose Dominic Clavano IV told PTV’s Bagong Pilipinas Ngayon program the government continues to gather evidence and will ensure due process for those charged.

Among those whom the ICC may also issue arrest warrants for are Senator Ronald de la Rosa and former Philippine National Police chief Oscar Albayalde.