On March 11, former Philippine President Rodrigo Roa Duterte was arrested and transferred to The Hague to face charges at the International Criminal Court (ICC) for crimes against humanity. His indictment stems from the infamous “war on drugs,” a brutal campaign that led to the extrajudicial killings of more than 12,000 individuals (a Human Rights Watch estimate) -- among them, children and innocent bystanders -- who were denied their right to due process. The ICC’s move marks a turning point in Philippine history, one that reaffirms the nation’s commitment to the rule of law despite the deep polarization Duterte’s legacy has left in its wake.
Duterte’s war on drugs was not just a campaign against illegal substances; it was a defining moment that split Philippine society. While many families mourned the loss of their loved ones -- often gunned down in the dead of night with no evidence beyond suspicion -- others felt reassured by Duterte’s iron-fisted approach. Crime rates appeared to drop, and some citizens believed their neighborhoods had become safer. However, the price of this perceived security was the erosion of human rights and the normalization of state-sponsored violence.
With Duterte now in The Hague, his supporters have flooded social media with narratives portraying him as a frail 80-year-old victim in need of medical attention. They claim his arrest lacked due process since no Philippine court issued a warrant and argue that surrendering him to the ICC compromised the country’s sovereignty. Some have even played the race card, arguing that the ICC disproportionately targets leaders from former colonies.
Yet, the reality remains: The Philippines, despite its withdrawal from the ICC in 2019, is still bound by its obligations under the Rome Statute for crimes committed between 2011 and 2019, during the period under investigation.
Duterte’s arrest did not happen in a vacuum. It comes amid escalating tensions between the Duterte and Marcos families -- former allies who joined forces in the 2022 elections to secure victory, with Sara Duterte as Vice President and Ferdinand “Bongbong” Marcos Jr as president. However, the alliance soon unraveled. In a shocking development, Sara Duterte reportedly threatened to assassinate Marcos Jr, First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez if any harm came to her. This statement, made on December 15, 2024, led to her impeachment by the House of Representatives, with a Senate trial pending.
The Philippines, despite its withdrawal from the ICC in 2019, is still bound by its obligations under the Rome Statute for crimes committed between 2011 and 2019
This internal power struggle underscores the fragile nature of political alliances in the Philippines. Marcos Jr, facing both domestic and international pressure, upheld the country’s commitment to international treaties, stating: “Interpol asked for help, and we obliged because we have commitments to the Interpol which we have to fulfill. This is what the international community expects of us as the leader of a democratic country that is part of the community of nations.”
His administration’s decision to cooperate with the ICC sends a strong message: No individual, regardless of their stature, is above the law.
The Philippines’ decision to turn over Duterte is not just about justice -- it is about survival in a rules-based global order. For years, China has aggressively encroached upon Philippine territorial waters, pushing its nine-dash line claim despite a landmark 2016 ruling by the Permanent Court of Arbitration in The Hague, which invalidated China’s claims. The Philippines has since relied on international law and alliances with nations like the United States, France, Japan, South Korea, and India to defend its sovereignty.
To challenge China’s incursions, the Philippines must demonstrate its own commitment to the very legal frameworks it seeks to invoke. Allowing Duterte to evade justice would have undermined the country’s credibility on the global stage. By holding him accountable, the Philippines reinforces its stance that the rule of law applies to all -- whether a former president or a powerful foreign adversary.
The arrest of Rodrigo Duterte is a defining moment for the Philippines. It is a test of the nation’s resolve to uphold justice, protect the marginalized, and ensure that the era of impunity ends. The Philippines’ decision to give up Duterte was not just about addressing past crimes -- it was a strategic necessity to secure its future. By standing by the rule of law, the nation not only protects its own people but also strengthens its position in the international community, proving that justice is not a privilege of the powerful but a right for all.
Professor Jude William Genilo, a Philippine national, is the Pro Vice Chancellor of the University of Liberal Arts Bangladesh.
