The International Criminal Court (ICC) has issued a clear and firm justification for the arrest of former Philippine President Rodrigo Duterte, citing the necessity of detaining him to guarantee his appearance at trial.
The arrest, which followed the 7 March issuance of a warrant by the ICC Pre-Trial Chamber, pertains to crimes against humanity related to the killing of illegal drug suspects during Duterte’s tenure as Davao City mayor and then as president of the Philippines.
The ICC’s 15-page order, signed by Pre-Trial Chamber Presiding Judge Julia Antoanella Motoc, along with Judges Sophie Alapini-Gansou and Maria del Socorro Flores Liera, outlined the reasons for the arrest.
The Court emphasized that Duterte’s detention is essential to ensure his attendance at trial, stating that there is “no reasonable expectation that he would cooperate with a summons to appear issued by the Court.”
The decision, according to the ICC, is necessary due to concerns that Duterte may still wield significant influence in the country despite no longer holding public office.
The ICC explained that there is a heightened risk of interference with the investigation and potential harm to witnesses and victims.
As a result, the Court concluded that Duterte’s arrest was crucial to maintain the integrity of the proceedings and prevent any further disruption of the legal process.
The arrest warrant also reflected the ICC’s position that Duterte, despite his withdrawal of the country from the Rome Statute in 2019, remained accountable for alleged crimes committed during his presidency, as they occurred when the Philippines was still a signatory to the Statute.
The arrest pertains to crimes committed between 1 November 2011 and 16 March 2019, which includes Duterte’s time as mayor of Davao City and president of the Philippines.
The ICC specifically noted that the charges related to the killing of drug offenders, who were allegedly extrajudicially executed on Duterte’s orders. These included the activities of the Davao Death Squad (DDS) which Duterte is accused of founding and overseeing.
The Court found that Duterte played a significant role in facilitating and enabling the killings.
The order emphasized Duterte’s alleged involvement in various aspects of the killings, including directing and endorsing violent actions, providing financial incentives to police officers and hitmen, and publicly supporting the killings with dehumanizing statements.
The Court outlined Duterte’s control over government agencies like the Philippine National Police and the Philippine Drug Enforcement Agency that cemented his responsibility for the crimes.
Despite Duterte’s claim that the ICC had no jurisdiction over him after the Philippines withdrew from the Rome Statute, the Court maintained its authority over the period in question.
The ICC pointed out that crimes committed when the Philippines was a member are within its jurisdiction, and these include the alleged murders tied to the anti-drug campaign.
In its ruling, the ICC also emphasized Duterte’s role in establishing and overseeing the Davao Death Squad, which operated from the 1990s carrying out extrajudicial killings in Davao City.
The group, initially known as the Lambada Boys, was renamed the Davao Death Squad. Duterte is accused of providing logistical support to the DDS, including weapons, ammunition, and safe houses, as well as offering protection to those who did the killing.
Further, the Court detailed Duterte’s involvement in national policies that contributed to the alleged crimes, such as the “double barrel” anti-drug campaign which was launched during his presidency.
The Court said Duterte’s endorsement of the program, which included publicly naming drug suspects who were later killed, exacerbated the culture of extrajudicial violence in the Philippines.
The Pre-Trial Chamber’s decision to issue an arrest warrant underscored the seriousness of the accusations against Duterte and the Court’s determination to ensure accountability for the alleged crimes.
While Duterte’s legal team has yet to respond to the latest developments, the ICC’s decision highlights the ongoing legal battle that could have far-reaching implications for Duterte and his political legacy.