Former Philippine President Rodrigo Duterte was extradited to The Hague on March 12, 2025, where he will face trial at the International Criminal Court (ICC) on charges of crimes against humanity linked to his administration’s controversial “war on drugs.” His arrest marks a pivotal moment in international justice, yet raises pressing questions regarding jurisdiction, enforcement, and political ramifications both in the Philippines and globally.
The ICC issued a statement declaring that its Pre-Trial Chamber had reviewed evidence from the Office of the Prosecutor, concluding that there are “reasonable grounds to believe that Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder,” allegedly committed between November 1, 2011, and March 16, 2019. This investigation spans his tenure as Davao City mayor and his presidency, both of which were characterized by a relentless anti-drug campaign that saw thousands of suspected drug offenders killed.
Human rights groups and independent investigations estimate that up to 30,000 individuals lost their lives in Duterte’s campaign against drugs, many under suspicious circumstances involving law enforcement and vigilante groups. His administration repeatedly defended these actions as necessary to maintain public safety, but critics contend that the campaign disproportionately targeted the urban poor and often bypassed due process.
Duterte’s arrest is expected to test the ICC’s jurisdiction, as the Philippines withdrew from the Rome Statute—the treaty that established the ICC—in 2019. However, the ICC maintains it has the authority to investigate and prosecute crimes committed before the withdrawal. This position was reaffirmed in January 2023, when the court allowed the investigation to resume despite the Philippine government’s claims that its domestic institutions were capable of handling the matter.
President Ferdinand Marcos Jr. initially opposed cooperation with the ICC but later shifted his stance amid a deteriorating political alliance with Duterte’s daughter, Sara Duterte, who serves as vice president. Their once-formidable political partnership disintegrated over policy disputes and allegations of corruption, culminating in her impeachment proceedings on unrelated charges.
The Marcos administration now asserts that it is merely fulfilling its international obligations by facilitating Duterte’s extradition. Nonetheless, political analysts argue that the move may serve Marcos’ interests, removing a formidable rival ahead of upcoming elections.
Despite its global mandate, the ICC lacks enforcement mechanisms, relying on state cooperation to execute arrest warrants. Duterte’s extradition is a rare case of compliance, given that many high-profile figures indicted by the ICC, including Russia’s Vladimir Putin and Sudan’s former President Omar al-Bashir, have evaded arrest.
The ICC’s track record on enforcement has faced scrutiny, with critics pointing to political biases and selective application of justice. Some governments, including China, have expressed skepticism, warning that international legal institutions should not be weaponized for political ends.
Duterte’s trial is expected to have profound consequences within the Philippines. While human rights activists celebrate the arrest as a long-overdue step toward justice, his supporters decry it as politically motivated. Protests erupted across Manila following his extradition, with allies vowing to challenge the legality of his detention.
Beyond national borders, the case may influence other ongoing ICC investigations, reinforcing the court’s role in prosecuting human rights violations. However, the trial’s success will depend on the willingness of Philippine authorities to provide evidence and cooperate fully.
The next stage involves a Pre-Trial Chamber hearing to confirm the charges against Duterte, during which he may also request interim release. If the charges are upheld, a formal trial will commence, potentially stretching over several years. His legal team has already moved to contest his extradition, arguing that his health conditions render him unfit for trial.
The proceedings will be closely watched, not just in the Philippines, but around the world, as they will set a precedent for holding powerful leaders accountable for alleged human rights violations. While Duterte’s trial may be the most significant ICC case involving an Asian leader to date, it also underscores the broader debate over the limits of international justice in a politically divided world.
