ICC prosecutor explains basis for Duterte arrest, thanks victims' courage

MANILA, Philippines — The arrest of former President Rodrigo Duterte is an "important" moment for victims of his violent anti-illegal drugs campaign, said International Criminal Court Chief Prosecutor Karim Khan. 

Police carried out the ICC's arrest warrant for Duterte at the Ninoy Aquino International Airport on Tuesday as he returned from Hong Kong. He has been transported to the Netherlands where he is currently under the court's custody to face charges of crimes against humanity for the thousands killed in his so-called war on drugs.

"The arrest of the former president of the Philippines, Mr. Rodrigo Roa Duterte, is an important moment," Khan said in a statement released late Wednesday, March 12.

"The fact that [the arrest warrant] has been executed is important to victims. It means a lot to victims. That's the feedback we have already received," Khan added.

Duterte's so-called "war on drugs" has been the subject of investigation by the ICC since 2018. Official police figures report over 6,000 fatalities linked to the crackdown, yet human rights organizations believe that the true toll could reach as high as 30,000, including innocent civilians. 

What's the legal basis for Duterte's arrest?

In its first official statement since Duterte was arrested and transferred to The Hague, the ICC Office of the Prosecutor outlined the legal basis for the arrest.

The ICC prosecutor said that "on the basis of its independent and impartial investigations," it alleges that Duterte is "criminally responsible for the crime against humanity of murder" committed in the Philippines between November 2011 and March 2019.

Duterte is accused of these crimes "as founder and head of the Davao Death Squad, then Mayor of Davao City, and subsequently as the President of the Philippines."

"Mr Duterte is alleged to have committed these crimes as part of a widespread and systematic attack directed against the civilian population," the ICC prosecutor said.

The ICC prosecutor is the specific member of the court that is investigating the alleged abuses under Duterte's anti-illegal drugs campaign. Last month, under the supervision of the deputy prosecutor, his team submitted a warrant application to the judges of the Pre-Trial Chamber I, which was executed on Tuesday.

The Pre-Trial Chamber I issued the arrest warrant on March 7, determining that "there are reasonable grounds to believe that Mr. Duterte bears criminal responsibility for the crime against humanity of murder."

The chamber specifically noted that the case falls within the ICC's jurisdiction because "the alleged crimes occurred during the period when the Philippines was a State Party to the Rome Statute," the ICC's founding treaty. 

This addresses a key point of contention because while the Philippines withdrew from the Rome Statute in 2019, the alleged crimes occurred while the country was still a member.

Collaborative investigation

The ICC prosecutor's office highlighted the collaborative nature of their investigation, conducted through "coordinated efforts of its Philippines Unified Team" along with its "newly-established Tracking and Information Fusion Section."

Khan also extolled the power of international law even as it faces its own limitations.

"Many say that international law is not as strong as we want, and I agree with that, but I also repeatedly emphasize that international law is not as weak as some may think. When we come together, when we work, when we build partnerships, the rule of law can prevail, warrants can be executed," Khan added.

Victims' courage acknowledged

The ICC prosecutor's office also made a point to thank "all the victims, survivors, witnesses and activists from the Philippines who have stepped forward to cooperate in the Office's investigation," noting that "their strength, courage, and perseverance make these significant developments possible."

As the international tribunal heads to the next phase of proceedings, Khan underscored that the former president is presumed innocent and will make his initial appearance before the court soon.

"The focus of the office is on the judicial proceedings and proving its case before the judges of the international court," Khan said.
Investigation continues

Khan said his office's investigation is still ongoing. In its statement, the Office of the Prosecutor encouraged additional witnesses to come forward through its Witness Appeal portal.  

"The Office’s investigation in the Situation in the Republic of the Philippines continues. In pursuing further accountability in this Situation, the Office hopes to engage with the Philippine authorities on potential avenues of cooperation," the Office of the Prosecutor said.

Families of those killed by extrajudicial killings and human rights groups have welcomed news of Duterte's arrest, which they believe marks a crucial turning point in their years-long struggle for justice and accountability.