Rodrigo Duterte Arrested Under ICC Warrant

Omar Havana / AP Photo

On March 11, former President of the Philippines Rodrigo Duterte was arrested on an International Criminal Court (ICC) warrant for crimes against humanity. Duterte was taken into custody by Philippine authorities at the Manila Airport upon returning from a trip to Hong Kong. Following his arrest, the former President was flown to the ICC’s headquarters in The Hague, Netherlands and appeared for his first hearing on March 14. 

The case against Duterte was filed to the ICC in 2018 for the killings that occurred from November 1, 2011 to March 16, 2019, under his anti-drug and crime campaigns as Mayor of Davao City and as President of the Philippines. The Philippine National Police recorded the deaths of over 6,000 Filipinos while human rights groups estimate up to 30,000 were killed. Investigations conducted by the ICC Pre-Trial Chamber I found evidence suggesting Duterte “jointly with and through other persons, agreed to kill individuals they identified as suspected criminals or persons having criminal propensities.” The extrajudicial killings, Duterte maintained, were part of a larger scheme to rid the nation of illegal drugs, dubbed the “War on Drugs.” In a video posted to Facebook after his arrest, Duterte declared “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.” 

While in office, Duterte issued the withdrawal of the Philippines from the ICC’s Rome Statute on March 17, 2018, arguing that the ICC case infringed upon principles of sovereignty and non-intervention. One year later, the withdrawal became official, making the Philippines the second to rescind membership after Burundi. 

The ICC began its formal investigation in 2021. In an attempt to suspend it, the Duterte administration claimed the Philippine government was actively investigating the accusations, rendering the ICC’s jurisdiction as a “court of last resort” – invoked in the case that a country is unable or unwilling to investigate international crimes – null and void. The international court temporarily suspended their investigation based on the administration’s claim, but later resumed in 2023. A warrant of arrest was then issued on March 7, 2025. 

Without a police force, the ICC relies on states to carry out warrants of arrest, conduct transportation operations, and enforce sentences. INTERPOL Manila was given a copy of the ICC warrant, encouraging Philippine authorities to carry out the arrest. Despite previously refusing to aid the ICC case, President Ferdinand Marcos Jr. complied. Avoiding mention of cooperation with the ICC, Marcos framed the arrest as a matter between the state and INTERPOL:  “Mr. Duterte was arrested in compliance with our commitments to INTERPOL.” 

Marcos’s reconsideration comes amid bubbling tensions between the President and Vice President Sara Duterte, daughter of the former President. Following their win as the “UniTeam” in the 2022 elections, divisions began to stem from disagreements over drug enforcement policy and relations with the U.S. and China. Disputes escalated as accusations of alleged corruption and a comment from VP Duterte threatening the assassination of the President sparked a case for her impeachment in the House of Representatives. Inflaming tensions heightened weeks prior by the House vote favoring impeachment, the arrest placed further strain on the relationship between Marcos and Duterte. Vehemently opposing her father’s arrest, the Vice President has questioned the court’s jurisdiction and condemned the administration’s response.

Duterte’s legal defense and supporters insist that the ICC lacks the jurisdiction to issue an arrest, given that the Philippines is no longer a member. Others, including the judges responsible for issuing the warrant, maintain that the ICC’s jurisdiction is valid, given that the crimes he is accused of transpired prior to the 2019 withdrawal. Awaiting hearings and possible trial, Duterte could apply for a provisional release from the detention center. If the accusations are confirmed, the trial may proceed several months or years later. 

For the Philippines, the arrest has deepened the rift between dominant dynasties and rekindled debates over Philippine sovereignty, contributing to the growing political turbulence of the period leading up to the May midterm elections. With 12 of the 24 seats up for re-election, the Senate recently announced its decision to investigate Duterte’s arrest. Leader of the probe and sister of the President, Senator Imee Marcos explains, “It is imperative to establish whether due process was followed and to ensure that his legal rights were not just upheld but protected.” The investigation, given the politicization of the arrest, holds the potential to sway support for Senators, such as Imee Marcos, who face re-election in the upcoming midterms. 

The case, situated amid a divisive political feud and the last leg of campaigning before midterms, demonstrates the way in which international justice can hinge on political context. While this context is not to be underestimated, it is worthwhile to recognize the stride this case makes towards accountability. The arrest, as UN High Commissioner of Human Rights Volker Türk maintains, “is a very important step towards seeking accountability for the thousands of victims of killings and other abuses, as well as their families who have courageously pursued justice.” 

Filipina Vice President Sara Duterte Awaits Senate Trial Following House Impeachment

Vice President Sara Duterte speaking at a Manila press conference on February 7, 2025 Basilio Sepe, AP Photo

On February 5, the Philippine House of Representatives voted to impeach Vice President Sara Duterte. The vote was raised over complaints of alleged corruption involving the misuse of public funds and failure to declare wealth as required by law, alongside plotting the assassination of President Ferdinand "Bongbong" Marcos. At a news conference on November 23, the Vice President claimed she contracted an assassin to kill Marcos, his wife, and the Speaker of the House Martin Romualdez. Later, she contended the comment was not a threat, instead an expression of worry for her own safety. Concerns regarding the VP’s lack of assertiveness towards China, citing her failure to denounce Xi Jinping’s behavior challenging Philippine presence in the South China Seas, added to those raised in the vote. Duterte has denied all accusations. 

Exceeding the one-third minimum for an impeachment, with 215 of the 306 members in favor, the vote will proceed to the Senate. The impeachment claim is set to be addressed in June, when Congress resumes following the May midterm elections. Given that 12 of the 24 Senate seats are up for re-election, and 16 votes are needed to convict, the midterms are imperative in deciding the outcome of the impeachment trial. 

If convicted, Duterte would be ousted from her current position and barred from future entry into public office, squandering tentative plans for presidential candidacy in the 2028 election. The impeachment, if passed, would mark the first of a Vice President in the Philippines. In this instance, Marcos would nominate a member of Congress as a successor. The newly-appointed senators are among the potential candidates. 

The impeachment case is the latest manifestation of the feud between Marcos and Duterte. Since landslide victories in 2022, the “UniTeam” has experienced rifts over diverging anti-drug agendas and foreign policy. Duterte’s absence of defiance against China’s aggression in the SCS has created tension with Marcos’s continued efforts to strengthen U.S.-Philippine relations. With speculation swirling around the VP’s intentions to run for President following Marcos’s term, the impeachment trial holds the potential to not only shape the outcome of the 2028 presidential elections but the direction of the country’s relationships with the U.S. and China. 

The House decision comes amid an ongoing International Criminal Court (ICC) investigation into the mass extrajudicial killings that occurred under the “War on Drugs” launched in 2016 by the VP’s father and former President, Rodrigo Duterte. The UN Office of the High Commissioner for Human Rights estimates that over 8,000 people have been killed under the banner of the campaign. On the claim that the case violates principles of non-intervention and sovereignty, Rodrigo Duterte issued the withdrawal of Philippine membership from the ICC’s Rome Statute. The Philippines officially withdrew in March 2019, making it the second to rescind membership following Burundi in 2017. Retaining the assertion that the case threatens sovereignty, Marcos stated that “the Philippine government will not lift a finger to help any investigation that the ICC conducts.” Given the lack of cooperation exhibited by the government and the court’s means of enforcement, the violence is likely to persist as the campaign, though toned down, carries on. Human rights groups are concerned that the VP may intensify the campaign, if given the opportunity. The impeachment trial, granting or denying Duterte’s ability to maintain and run for office, may be critical in determining how the crisis unfolds.