Outside the International Criminal Court (ICC) Detention Centre, where former Philippine President Rodrigo Duterte was taken, his supporters gathered Wednesday night, waving the flag and yelling, “I’ll bring him back!” As a car thought to carry him, we quickly passed through the impressive iron gate.
Shortly before he landed in the Netherlands, the 79-year-old defended his bloody “drug war” which he claimed had “rational basis” to accus him of murder as a crime against humanity.
Small drug dealers, users, and others were killed without trial on the clock as mayor and later as president.
The official toll is 6,000, but activists believe that real people could bump into tens of thousands of people.
Duterte said he cracked down on drug dealers to drive the country out of street crime.
But rights groups claim the campaign was full of police abuse, targeting young men in the city, who are in the poor.
Duterte is the first former Asian head of state to be charged by the ICC and the first suspect to fly to the Hague in three years.
And his arrival comes at a moment of crucial importance to the International Criminal Court.
How did Rodrigo Duterte fall into prison cell?
The arrest and deportation of Rodrigo Duterte on Monday were the result of an unprecedented series of events.
His supporters argue that the ICC is being used as a political tool by the powerful Duterte family and the current President Ferdinand Marcos, a country that has been dropped publicly.
The ICC is a last resort court designed to explain what is most powerful when a national court cannot or is not trying to do so. However, this case is a reminder of the extent to which it relies on national cooperation to fulfill its mission. There is virtually no authority to arrest people without the cooperation of the country they are in.
In Duterte’s case, his charges by the ICC could seem unthinkable even in 2022 when his daughter, Vice President Sarah Duterte, created a powerful “uniform” that swept the presidential election.
Until a few months ago, Marcos had rejected the idea of working with the ICC.
However, the pace at which Duterte was offered indicates that he was handed over with an arrest warrant.
Getty ImagesFrom his detention in Manila to his arrival in The Hague, the entire process of his extradition has been recorded on social media through his daughters, Kitty and Duterte himself. His planes were most tracked on flight radars.
“I’m the one who led law enforcement and the military. I said I’d protect you and I said I’m responsible for all this,” he said on a Facebook video.
It provided rare insight into what is usually an opaque process, and the world was able to follow every step of Duterte, sometimes in real time, to the meals served on his chartered jet plane.
A much-needed victory for the ICC?
Duterte’s arrest now provides a strong signal that even powerful individuals can take responsibility for their actions and may thwart future abuse.
His case also rekindled discussions about the role of the ICC in relation to national sovereignty. This is a concern that is often raised by non-member countries such as the US, Russia and China.
The court relies on 128 members to fund and rely on the operational division of this judicial body.
So, following the arrival of Duterte’s headline, the first night in detention in The Hague gives the court a much needed victory.
After serving two famous arrest warrants, one cannot be enforced for Russian President Vladimir Putin and the other for Israeli Prime Minister Benjamin Netanyahu over the war in Gaza. This is presented as evidence that can bring up anyone accused of serious court arrivals as it is unlikely that the court’s arrival will be enforced.
This is a litmus test of the ICC’s ability to function effectively in an increasingly biased climate.
ICC prosecutor Karim Khan was recently approved by Donald Trump for an arrest warrant issued for Benjamin Netanyahu.
Duterte’s detention provides him with a strong response.
“Many people say international law is not strong,” admitted Karim Khan. “But international law is not as weak as some people might think. When we come together, when we build a partnership, the rule of law can win.”
Getty ImagesThe former Philippine president will celebrate his 80th birthday this month at the ICC detention facility on the Dunes of the Hague.
The facility, once a Nazi prison complex, provides access to private mobile phones, computers, libraries and sports facilities to each detainee.
If he is not satisfied with the meals he is served, Duterte has the option of preparing his own food using his shopping list in the kitchen of a detention center. He will also be available to medical, lawyers and visitors.
He is expected to appear in the first court in the coming days, where he confirms his identity, chooses the language he wishes to follow the lawsuit, and grants the charges against him.
Following this publication, a confirmation of the charges hearing continues, during which the judge decides whether the prosecutor has presented enough evidence to proceed to trial.
If the charges are confirmed, it could take months for him to finally be brought to trial, some years before the final decision.
