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On 11 March 2025, the Philippines witnessed an event many had long awaited yet few had truly believed would occur. Former President Rodrigo Duterte was arrested and transferred to the International Criminal Court (ICC).[i] Duterte’s presidency, which began in 2016, was characterised by a ruthless crackdown on drugs and crime.[ii] Police operations and shadowy vigilante groups targeted the poor, leaving corpses in the streets. Officially, over 6,250 people were killed,[iii] but human rights organisations estimate the death toll could be as high as 30,000.[iv] The brutality and human rights violations drew the attention of the global community, prompting the ICC to launch an investigation that culminated in Duterte’s arrest.[v] His arrest has ignited a debate not only about the legal implications of the case but also the political forces shaping its course. This piece analyses the legal mechanisms behind the ICC’s actions, the political context surrounding Duterte’s arrest, and the challenges that lie ahead.
In 2021, following a thorough investigation, the ICC formally launched its probe into Duterte’s drug war.[vi] By 10 February 2025, the ICC had applied for an arrest warrant, which was issued on 7 March 2025 for Duterte.[vii] The warrant accused him of crimes against humanity, including the perpetration of murders, acts of torture, and rapes, committed between November 2011 and March 2019. The charges stemmed from his alleged role as the leader of the Davao Death Squad during his tenure as mayor of Davao City and subsequently as president of the Philippines, an infamous vigilante group responsible for assassinating hundreds of alleged criminals and drug users.[viii] In recent developments, on 14 March 2025, just two days after his arrest, there was an initial court appearance, which he attended via video conference.[ix] Here, Duterte’s lawyer boldly claimed that the former president had been unlawfully abducted before being transported to the International Criminal Court in The Hague.[x] However, this argument is unlikely to hold legal weight. The ICC operates under strict procedural protocols, and his arrest was executed under an ICC-issued warrant,[xi] facilitated through Interpol; [xii] ensuring compliance with international legal standards. Another pressing question surrounding Duterte’s arrest involves potential exemptions to prosecution in light of the Philippines’ withdrawal from the ICC in 2019. According to Article 127 of the Rome Statute, a state remaining under investigation prior to renouncing their membership retains an ongoing obligation to cooperate fully with ongoing court cases.[xiii] Therefore, while the Philippines is no longer a signatory, it must still comply with all requests from the ICC pertaining to the allegations levelled against its former leader.
The arrest of Duterte cannot be understood without examining the political context in which it occurred. Initially, the two were allies, but relations soured in 2024 when Vice President Sara Duterte resigned and found herself at odds with Marcos Jr.[xiv] The rivalry escalated following Marcos Jr.’s decision to cooperate with the ICC, widely perceived as a strategic move to undermine his political rivals, especially as recent polls indicate that 43% of Filipinos are dissatisfied with his performance.[xv] Furthermore, during his administration, 848 drug-related killings were reported, and he took no action to halt the drug war or protect witnesses.[xvi] Civil society has labelled his establishment of a “human rights super body” and a drug war task force as “toothless.”[xvii] Consequently, his reluctance to release data on the drug war or prosecute high-ranking officials undermines its credibility. Complicating matters further is a Senate investigation initiated by Senator Imee Marcos, the sister of President Marcos Jr.[xviii] On 14 March 2025, Senator Marcos called for a prompt investigation into Duterte’s arrest to ensure that due process is upheld and that his legal rights as a defendant are respected. However, both legally and politically, this inquiry is unlikely to be impartial due to the ties between the senator and the Marcos family, raising concerns about the investigation’s independence.
One of the biggest challenges facing the ICC’s case against Duterte is the recent sanctions imposed by the US on the ICC. On February 6th, 2025, the United States froze the assets and placed travel bans on ICC officials and advocates, an act widely viewed as an effort to intimidate the court and disrupt its investigations.[xix] These sanctions could postpone the proceedings against Duterte, as countries and individuals might be reluctant to assist the ICC due to fears of economic or political backlash. The sanctions might also empower Duterte’s supporters, who have characterised his arrest as an assault on Philippine sovereignty.[xx] This portrayal could boost Sara Duterte’s political standing, especially as she considers a possible presidential run in 2028.
An arrest alone does not confirm anything. The next action is pivotal: the confirmation of charges. Prosecutors must demonstrate that there is substantial evidence linking Duterte to these offences. Recently, scholars have referred to the case of Kenya’s William Ruto as a cautionary tale.[xxi] Ruto, accused of crimes against humanity related to post-election violence in 2007-2008, had his allegations dismissed due to insufficient evidence. The ICC proceedings caused minimal harm to his political career; in fact, he went on to win the Kenyan presidential election in 2022.[xxii] This could be the case for Duterte, too. However, the recent Senate hearings in October 2024 have provided the ICC with crucial evidence of systematic human rights violations. Royina Garma revealed a disturbing system of cash incentives for killing drug addicts, with payments ranging from 20,000 to 1 million pesos depending on the target’s status.[xxiii] These revelations complicate Duterte’s legal team’s argument that the killings were isolated incidents or acts of self-defence.
The arrest of Rodrigo Duterte signifies a crucial step towards justice for the victims of his “war on drugs.” While the ICC’s legal framework is robust, political challenges, such as U.S. sanctions, the Marcos-Duterte rivalry, and potential backlash, complicate the case. For the Philippines, this presents an opportunity to confront past atrocities; for the world, it tests the ICC’s ability to deliver justice amid global divisions. To ensure progress, international cooperation must be strengthened, the Senate probe should remain impartial, and witnesses and evidence must be safeguarded. As the case unfolds, it will shape the future of accountability and the resilience of international justice.
[i] Kathleen Magramo (11 March 2025) ‘Former Philippine President Rodrigo Duterte arrested over ICC warrant for crimes against humanity’ CNN (Accessed 11 March 2025) https://edition.cnn.com/2025/03/10/asia/philippines-rodrigo-duterte-arrest-intl-hnk/index.html.
[ii] DW, (17 August 2017)‘The Bloodiest Day in Duterte’s “War on Drugs” Webpage (Accessed 10 February 2025) https://www.dw.com/en/philippines-rodrigo-duterte-hails-the-bloodiest-day-in-his-war-on-drugs/a-40116862 .
[iii] ABS-CBN News, (31 May 2022)‘War on Drugs: Over 6,200 Killed During Police Operations, Says PDEA’ Webpage (Accessed 10 February 2025) https://news.abs-cbn.com/news/05/31/22/pdea-drug-war-also-focused-on-rehab-over-6200-killed-during-ops.
[iv] Human Rights Watch, (13 February 2023)‘International Criminal Court’s Philippines Investigation’ Webpage accessed 15 February 2025) https://www.hrw.org/news/2023/02/13/international-criminal-courts-philippines-investigation .
[v] International Crisis Group (2023)The Philippines and the International Criminal Court: The ICC Goes After Duterte’s Drug War’ Webpage (Accessed 12 February 2025) https://www.crisisgroup.org/asia/south-east-asia/philippines/philippines-international-criminal-court-goes-after-dutertes-drug-war .
[vi] International Criminal Court (26 January 2023)‘Situation in the Republic of the Philippines: ICC Appeals Chamber to Deliver Judgement on Authorisation to Resume Investigation’ Webpage (Accessed 12 February 2025) https://www.icc-cpi.int/news/situation-republic-philippines-icc-appeals-chamber-deliver-judgement-authorisation-resume.
[vii] International Criminal Court (12 March 2025)‘Situation in the Philippines: Rodrigo Roa Duterte in ICC Custody’ Webpage (Accessed 12 March 2025) https://www.icc-cpi.int/news/situation-philippines-rodrigo-roa-duterte-icc-custody .
[viii] Ibid.
[ix] Al Jazeera (14 March 2025)‘Philippines’ Ex-Leader Duterte to Make First ICC Appearance’ Webpage (Accessed 14 March 2025) https://www.aljazeera.com/news/2025/3/14/philippines-ex-leader-duterte-to-make-first-icc-appearance.
[x] Nick Spicer and Vincent Ni (15 March 2025)‘Duterte is declared fit for ICC appearance as his lawyer alleges he was ‘abducted’ OPB News (Accessed 15 March 2025) https://www.opb.org/article/2025/03/14/duterte-appears-by-video-at-icc-in-the-hague/.
[xi] n (7).
[xii] Human Rights Watch (12 March 2025) ‘Philippines: Duterte Arrested on ICC Warrant’ Webpage (Accessed 12 March 2025) https://www.hrw.org/news/2025/03/12/philippines-duterte-arrested-icc-warrant.
[xiii] Rome Statue, art.127.
[xiv] CTV News (5 February 2025) ’Philippine Vice President Impeached by House, Faces Senate Trial as Political Battle Rages’ Webpage (Accessed 18 February 2025) https://www.ctvnews.ca/world/article/philippine-vice-president-impeached-by-house-faces-senate-trial-as-political-battle-rages/.
[xv] Chris Fitzgerald (11 March 2025) ‘Politics behind Duterte’s bombshell arrest in the Philippines’ Asia Times (Accessed 12 March 2025) https://asiatimes.com/2025/03/politics-behind-dutertes-bombshell-arrest-in-the-philippines/.
[xvi] New Mandala (3 December 2024) ‘Don’t Believe Marcos: The ICC is Needed for Drug War Justice’ Webpage (Accessed 11 February 2025) https://www.newmandala.org/dont-believe-marcos-the-icc-is-needed-for-drug-war-justice/.
[xvii] Ibid.
[xviii] Al Jazeera (17 March 2025) ‘Philippines Senate launches investigation into Duterte’s ICC arrest’ Webpage (Accessed 17 March 2025) https://www.aljazeera.com/news/2025/3/17/philippines-senate-launches-investigation-into-dutertes-icc-arrest.
[xix] Human Rights Watch, (7 February 2025) ‘US: Trump Authorizes International Criminal Court Sanctions’ Webpage (Accessed 17 February 2025) https://www.hrw.org/news/2025/02/07/us-trump-authorizes-international-criminal-court-sanctions .
[xx] NHK (16 March 2025) ‘Duterte supporters protest arrest across Philippines’ Webpage (Accessed 17 March 2025) https://www3.nhk.or.jp/nhkworld/en/news/20250316_06/.
[xxi] Jenny Domino (17 March 2025) ‘Duterte at the ICC: A Significant Step Toward Justice in the Philippines’ Just Security (Accessed 17 March 2025) https://www.justsecurity.org/109118/duterte-icc-justice-philippines/.
[xxii] Ibid.
[xxiii] GMA Network (12 October 2024) ’Royina Garma: Duterte’s War on Drugs and P1 Million Reward’ Webpage (Accessed 18 February 2025) https://www.gmanetwork.com/news/topstories/nation/923449/royina-garma-duterte-war-on-drugs-p1-million-reward/story/.
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