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AllAfrica
23-03-2025
- Politics
- AllAfrica
Duterte trial loaded with heavy geopolitical implications
Few saw it coming. Former Philippine President Rodrigo Duterte's arrest for alleged crimes against humanity under the aegis of the International Criminal Court (ICC) has sent shockwaves across the Southeast Asian nation and worldwide. After decades of political impunity over allegations of overseeing tens of thousands of extrajudicial killings under his scorched-earth drug war, the ex-leader walked straight into a trap laid by the Ferdinand Marcos Jr administration, which quickly whisked away Duterte to The Hague despite its longstanding refusal to acknowledge the ICC's jurisdiction. Just hours after returning from Hong Kong, where Duterte was reportedly exploring potential political exile, the former president was taken to the country's main military base and, from there, flown to The Hague via Dubai on a private jet. His allies hopelessly sought to block the arrest by applying for temporary restraining orders from local courts, but the sheer speed of the operation overwhelmed the Philippines' judicial institutions. Filipino legal luminaries such as former ICC judge Raul Pangalangan, however, have argued that the arrest was fundamentally legal, even if controversial, citing legal precedents from various high-profile international cases, including the arrest of Ugandan warlord Dominic Ongwen. Duterte has been accused of overseeing the deaths of tens of thousands of Filipinos, including more than a hundred minors, during anti-drug operations. Although he unilaterally withdrew the Philippines from the ICC to avoid scrutiny, the Philippine Supreme Court determined that the ICC retained jurisdiction over crimes committed during the country's membership between 2011 and 2018. In September, Duterte will officially become the first Asian leader to stand trial for crimes against humanity and, arguably, the most high-profile fugitive under the ICC's custody. This represents a major landmark for the embattled international body, which has faced criticism over its inefficacy and supposed selectiveness in meting out justice. Duterte's arrest has also raised major geopolitical questions, including China's alleged abandonment of a key ally as well as the Trump administration's selective silence on the issue. It's hard to overstate the relevance of Duterte's arrest on multiple fronts. At home, it has sparked a massive political backlash from the former president's supporters, raising concerns over civil unrest, especially in Duterte's home island of Mindanao, where he enjoys wide popularity. Last week, several Duterte allies in the Senate, led by no less than presidential sister Imee Marcos, conducted a hearing, where they questioned and even berated officials involved in Duterte's arrest. A local Social Weather Stations poll shows that a majority of Filipinos favor the ICC trial. According to one authoritative survey last month, 51% of respondents wanted Duterte to face justice as the alleged architect of the extrajudicial killings of thousands of suspected drug dealers. Only 25% disagreed, while a smaller number (14%) were still undecided. Duterte supporters sought to rally public sympathy by highlighting Duterte's age (soon to be 80 years old) and supposed frailty, but the former president seemed hale and energetic just days earlier during a rally among supporters in Hong Kong. There, he admitted that he had caught wind of a possible arrest warrant, but, in an expletive-laced speech, mocked the ICC and remained defiant about his legacy: 'If this is my fate in life, it's OK, I'll accept it. I can't do anything if I get arrested and jailed.' Last year, Duterte also defiantly challenged the ICC to arrest him and, with characteristic machismo and chutzpah, threatened to physically strike at the courts' representatives in the event of any arrest attempt. While in power, he once threatened to feed ICC investigators to 'crocodiles' if they entered the country. The Marcos Jr administration has struggled to provide a clear legal justification for its action, given its earlier opposition to ICC's investigation and even raising questions over its jurisdiction. It simply insisted that it was in no position to defy an international legal body, especially given the Philippines' reliance on international law to preserve its sovereign rights on thorny issues such as the South China Sea disputes with China. Back in 2016, the Philippines won a landmark arbitration case at The Hague, where an international court, under the aegis of the United Nations Convention on the Law of the Sea (UNCLOS), reaffirmed the Southeast Asian nation's exclusive economic rights in contested portions of the South China Sea. The Marcos Jr administration has repeatedly invoked that ruling to reject China's claims in the Philippines' exclusive economic zone. To critics, however, the Marcos Jr administration's decision to cooperate with the ICC seemed politically self-serving rather than principled. After all, the former president's arrest came on the heels of escalating tensions between the Marcos and Duterte dynasties and shortly after government allies impeached Vice President Sara Duterte, the ex-president's daughter, for alleged corruption and misconduct in office. There are broader geopolitical implications of the saga. Earlier arrest warrants against Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu have been challenged by even members of the ICC, while the bulk of ICC trials in the past predominantly focused on alleged criminals from the African continent. Others have accused the body of 'Eurocentrism' and questioned the variable speed of the ICC's response to alleged atrocities in various portions of the world. The Duterte trial, therefore, provides the ICC and, more broadly, the European Union (EU) a historic opportunity to assert its relevance as an anchor of a rules-based international order at a time it's being challenged, if not scrapped, by Donald Trump. The incident also raised questions over Beijing's alleged abandonment of its Filipino ally. Duterte famously met with Chinese leader Xi Jinping in mid-2023, sparking controversy at a time Marcos Jr had crossed swords with Beijing over their South China Sea disputes and was pivoting hard back toward the US. Some recent local reports suggest that China refused to provide Duterte sanctuary, deeming the former president more of a liability than an asset. Other keen observers, however, have denied this, arguing that China is known for its reliability as a strategic patron and that Duterte's decision to return home from Hong Kong was driven more by hubris and concern for his embattled daughter, who could face removal from office after midterm elections this year. China indirectly expressed support for its former Filipino ally by publicly urging the ICC against 'politicizing' the trial, although it refused to comment on whether it had offered asylum to Duterte. 'This is an important sudden incident. China has noted the news and is closely following how this might develop,' Chinese foreign ministry spokesperson Mao Ning said in a regular press conference shortly after the ICC's shock arrest. 'I would like to reiterate China's consistent view that the International Criminal Court should strictly follow the principle of complementarity, exercise its functions and powers prudently in accordance with the law and prevent politicization or double standards,' Mao added, underscoring the possibility that Beijing had lacked prior knowledge of the closely-coordinated arrest between the ICC and Manila. Even more curious, however, is the Trump administration's strategic silence on the issue. Throughout the years, Washington has sanctioned and repeatedly threatened ICC judges with punitive measures. But it has remained eerily silent on Duterte's case, likely due to the former Filipino president's pro-China policies as well as the Philippines' crucial role as a frontline ally in Asia. That position was jeopardized under Duterte but has been reaffirmed under Marcos Jr. US Defense Secretary Pete Hagseth is visiting Manila this week, underscoring the depth and enduring significance of the two sides' strategic partnership. Duterte has seemingly been largely abandoned by former allies both at home and abroad, while the Marcos Jr administration has deftly leveraged the country's growing geopolitical importance to maintain support of certain key Western allies on the ICC issue. When it comes to a rules-based order these days, it all seemingly comes down to the geopolitical interests of individual superpowers. Follow Richard Javad Heydarian on X at @RichHeydarian
South China Morning Post
19-03-2025
- Politics
- South China Morning Post
Disinformation over Duterte's ICC arrest hits new low as ‘Putin', ‘Michelle Yeoh' weigh in
A wave of online falsehoods from supporters of former Philippine president Rodrigo Duterte has emerged following his arrest by the International Criminal Court ( ICC ), with analysts arguing the misinformation campaign could not only fail to help his case but also backfire by affecting judicial decisions on his interim release. Advertisement Even before the aircraft left Manila, Duterte loyalists began circulating fake stories, including claims that the Philippine Supreme Court had granted a temporary restraining order to halt his transfer. 02:23 Former Philippine president Rodrigo Duterte arrested under ICC warrant Former Philippine president Rodrigo Duterte arrested under ICC warrant Their fabrications grew bolder from there. When the former president appeared before ICC judges on March 14 for an initial hearing, his supporters falsely claimed the case had been dismissed, when in fact the judges swiftly set his first hearing date for September. Joel Butuyan, one of only five Filipino lawyers accredited to the ICC and president of the Centre for International Law, told This Week in Asia, 'I don't think it's going to affect the ongoing case in the ICC with respect to the merits. But it might potentially affect any application for interim release.' The fake reports have ranged from the outlandish to the malicious. One post purported to show Russian President Vladimir Putin refusing peace talks with Ukraine for as long as the ICC held Duterte. Another rumour claimed the Supreme Court accepted a petition with 16 million signatures demanding President Ferdinand Marcos Jnr 's resignation and was going to rule on it. One fake news article purported to show Russian President Vladimir Putin refusing peace talks with Ukraine for as long as Duterte was held by the ICC. Photo: Kremlin Pool/AP In a statement released on Monday, the high court condemned rumours about itself and Duterte being granted a temporary restraining order as 'acts of disinformation' and said they would be referred 'for appropriate action.'
Express Tribune
12-03-2025
- Politics
- Express Tribune
Sara Duterte Travels to The Hague to Support Father in ICC Case
Philippine Vice President Sara Duterte has traveled to The Hague to support her father, former President Rodrigo Duterte, after his arrest on a warrant issued by the International Criminal Court (ICC). Duterte, 79, was detained at Manila's airport on Tuesday and flown to the Netherlands to face charges of "crimes against humanity" related to his controversial war on drugs that resulted in thousands of deaths during his presidency from 2016 to 2022. Sara Duterte boarded a morning flight to Amsterdam on Wednesday, as confirmed by her office, with plans to help organize her father's legal team. In a statement, she decried the arrest, calling it "oppression and persecution," and describing it as a direct affront to Philippine sovereignty. She added, 'This is a blatant affront to our sovereignty and an insult to every Filipino who believes in our nation's independence." Rodrigo Duterte's arrest marks a significant moment as he could become the first former Asian head of state to stand trial at the ICC. His legal team is currently assessing their options, including determining his whereabouts and seeking access to him. Former legal counsel Salvador Panelo announced that Duterte's youngest daughter, Veronica Duterte, plans to file a habeas corpus petition with the Philippine Supreme Court in an effort to bring her father back to the country. While the Philippine government has complied with international obligations to Interpol, President Ferdinand Marcos Jr. defended the actions surrounding Duterte's arrest. He emphasized that the move was in line with the country's commitments to the global policing agency. The ICC has been investigating Duterte's role in the war on drugs since 2018, alleging that his administration's operations violated international law by targeting drug suspects for execution without due process. During his presidency, Duterte repeatedly urged police forces to kill drug suspects and encouraged resistance to justify deadly force. Official police records indicate that more than 7,000 people were killed during anti-drug operations under Duterte's leadership. In addition to her father's legal battle, Sara Duterte's trip to The Hague comes amid political turmoil at home. She was recently impeached by the Philippine House of Representatives, with accusations ranging from misuse of public funds to involvement in an assassination plot against President Marcos. Sara has denied all allegations, calling the impeachment proceedings politically motivated. As the former president faces international scrutiny, family members and activists have continued their protests against his drug war. In the wake of his arrest, supporters of the victims who died during the war on drugs held a candlelit vigil in Quezon City, calling for justice for those killed under his administration.
Al Arabiya
12-03-2025
- Politics
- Al Arabiya
Philippines' VP travels to The Hague after arrest of ex-president Duterte
Former Philippine President Rodrigo Duterte's daughter, Vice President Sara Duterte, travelled to the Netherlands on Wednesday following his arrest at the request of the International Criminal Court as part of its probe into his 'war on drugs.' Rodrigo Duterte, a maverick ex-mayor and former prosecutor who led the Philippines from 2016 to 2022, was flown to The Hague on Tuesday, hours after his arrest in Manila, marking the biggest step yet in the ICC's probe into alleged crimes against humanity during an anti-drugs crackdown that killed thousands and drew condemnation around the world. Duterte, 79, could become the first Asian former head of state to go on trial at the ICC. His daughter Sara boarded a morning flight to Amsterdam, her office said in a statement, but it did not what she intended to do there or how long she plans to stay in the Netherlands. Silvestre Bello, a former labour minister and one of the former president's lawyers, said a legal team will meet to assess options and seek clarity on where Duterte will be taken and whether they would be granted access to him. 'First thing we will do is find out where exactly the former president will be brought so we know where we should go, because he will need legal assistance,' Bello said. 'We will also discuss all possible legal remedies.' Duterte is expected to arrive in the Netherlands on Wednesday. His youngest daughter, Veronica Duterte, plans to file a habeas corpus request with the Philippine Supreme Court to compel the government to bring him back, Salvador Panelo, his former chief legal counsel, said. The war on drugs was the signature campaign platform that swept the mercurial Duterte to power in 2016. During his six years in office, 6,200 suspects were killed during anti-drug operations, by police count. But activists say the real toll was far greater, with many thousands more slumland drug users gunned down in mysterious circumstances, some of whom were on community 'watch lists' after they signed up for treatment. Although Duterte unilaterally withdrew the Philippines from the ICC's founding treaty in 2019 as it started looking into the drugs war, the court says it has jurisdiction to investigate alleged crimes that took place while a country was a member. 'Former President Duterte's arrest and transfer to The Hague is a long-overdue victory against impunity that could bring victims and their families a step closer to justice,' said Bryony Lau, deputy Asia director at Human Rights Watch. 'This momentous event sends a message to human rights abusers everywhere that one day they could be held to account,' Lau added.
Yahoo
11-03-2025
- Politics
- Yahoo
Ex-Philippine president Duterte arrested for crimes against humanity
Former Philippines president Rodrigo Duterte was arrested Tuesday in Manila by police acting on an International Criminal Court warrant tied to his deadly war on drugs. The 79-year-old faces a charge of "the crime against humanity of murder", according to the ICC, for a crackdown that rights groups estimate killed tens of thousands of mostly poor men, often without proof they were linked to drugs. As of Tuesday evening he was still being held at the capital's Villamor Air Base, according to his political party, while Philippine Vice President Sara Duterte said there were plans to swiftly transfer him to the Hague. "As I write this, he is being forcibly taken to The Hague tonight. This is not justice -- this is oppression and persecution," Duterte's eldest daughter said in a statement. The former president had earlier gone on Instagram live to say he believed the Philippine Supreme Court would step in and prevent his transfer to the international tribunal. "The Supreme Court will not agree to that. We do not have an extradition treaty," he said after his lawyers filed a petition with the court. Duterte was arrested at the airport after "Interpol Manila received the official copy of the warrant of the arrest from the ICC", the presidential palace said in a morning statement. In an earlier video, Duterte had demanded to know the basis of his arrest. "So what is the law and what is the crime that I committed? Show to me now the legal basis of my being here," he said. Duterte's former chief legal counsel, Salvador Panelo, slammed his detention as "unlawful". "The (police) didn't allow one of his lawyers to meet him at the airport and to question the legal basis for (the) arrest," he said. Reactions from those who opposed Duterte's drug war, however, were jubilant. One group working to support mothers of those killed in the crackdown called the arrest a "very welcome development". "The mothers whose husbands and children were killed because of the drug war are very happy because they have been waiting for this for a very long time," Rubilyn Litao, coordinator for Rise Up for Life and for Rights, told AFP. "Now that Duterte has been arrested, (President) Ferdinand Marcos Jr. should make sure that he is actually delivered to the ICC for detention and trial," said Philippine rights alliance Karapatan, calling the arrest "long overdue". China, however, warned the ICC against "politicisation" and "double standards" in the Duterte case, saying it was "closely monitoring the development of the situation". Neither the ICC nor the prosecutor's office were able to offer immediate comment. - A winding path - Duterte's Tuesday morning arrest at Manila's international airport followed a brief trip to Hong Kong. Speaking to thousands of overseas Filipino workers there Sunday, the former president decried the investigation, labelling ICC investigators "sons of whores" while saying he would "accept it" if an arrest were to be his fate. The Philippines quit the ICC in 2019 on Duterte's instructions, but the tribunal maintained it had jurisdiction over killings before the pullout, as well as killings in the southern city of Davao when Duterte was mayor, years before he became president. It launched a formal inquiry in September 2021, only to suspend it two months later after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes. The case resumed in July 2023 after a five-judge panel rejected the Philippines' objection that the court lacked jurisdiction. Since then, the Marcos government has on numerous instances said it would not cooperate with the investigation. But Undersecretary of the Presidential Communications Office Claire Castro on Sunday said that if Interpol would "ask the necessary assistance from the government, it is obliged to follow". Duterte is still hugely popular among many in the Philippines who supported his quick-fix solutions to crime, and he remains a potent political force. He is running to reclaim his job as mayor of his stronghold Davao in May's mid-term election. Charges have been filed locally in a handful of cases related to drug operations that led to deaths -- only nine police have been convicted for slaying alleged drug suspects. A self-professed killer, Duterte instructed police to fatally shoot narcotics suspects if their lives were at risk and insisted the crackdown saved families and prevented the Philippines from turning into a "narco-politics state". At the opening of a Philippine Senate probe into the drug war in October, Duterte said he offered "no apologies, no excuses" for his actions. "I did what I had to do, and whether or not you believe it or not, I did it for my country," he said. pam-cgm/cwl/dhc
