Six years after ICC exit, Duterte’s arrest exposes deep-seated impunity — group
MANILA, Philippines — Six years have passed since the Philippines, under former President Rodrigo Duterte’s orders, officially withdrew from the Rome Statute of the International Criminal Court (ICC).
Duterte announced the withdrawal on March 14, 2018, just a month after the international tribunal began a preliminary examination into extrajudicial killings linked to his so-called “war on drugs” and violent crackdown on crime as Davao City mayor.
A country's withdrawal takes effect one year after the United Nations receives its notice.
It was six years ago today that the Philippines ceased to be a state party to the ICC, the only international court that prosecutes individuals for genocide, crimes against humanity, war crimes and crimes of aggression.
Although the Philippines is no longer a member state, the ICC retains jurisdiction over crimes committed while it was — between November 2011 and March 17, 2019 — under Article 127 of the Rome Statute.
This explains how the ICC was able to investigate Duterte’s alleged crimes from 2011 to 2019, spanning his tenure as Davao City mayor and the first half of his presidency.
And six years after withdrawing from the ICC, Duterte is now in the tribunal's custody, facing charges of crimes against humanity for his bloody "war on drugs."
For human rights group Karapatan, Duterte’s arrest only underscores the deeply rooted impunity in the country, despite his “attempt to escape accountability” by withdrawing from the ICC.
“Duterte’s arrest shows how the infrastructure of impunity exists in the Philippines,” Karapatan Secretary General Cristina Palabay said in a statement on Monday, March 17.
Not just Duterte — his police, too
Since the Rome Statute allows the ICC to intervene only when a state is “unable or unwilling to genuinely carry out the investigation and prosecute the perpetrators,” Karapatan said the pre-trial proceedings expose the failure of domestic redress mechanisms.
“Domestic redress mechanisms have been inutile in exacting justice and accountability, with only three convictions so far of police perpetrators out of the tens of thousands of drug war killings under the Duterte regime,” Palabay added.
Duterte’s former police chiefs — Bato dela Rosa, who is seeking reelection as senator, Oscar Albayalde and Debold Sinas — should also be held accountable as key figures in enforcing his anti-illegal drugs campaign, Karapatan said.
Dela Rosa served as the Philippine National Police (PNP) chief from 2016 to 2018, a period during which Human Rights Watch estimated that the drug war claimed over 12,000 lives — mostly from poor, marginalized communities.
Albayalde succeeded Dela Rosa and carried on the “war on drugs,” but only for a short while after he faced allegations of protecting police officers, or “ninja cops,” involved in illegal drug trade.
ICC assistant to counsel Kristina Conti said on March 13 that both Dela Rosa and Albayalde were named in the tribunal’s documents.
Meanwhile, Sinas was identified by Human Rights Watch as the police chief under whom “rampant killings” of activists, labor organizers and other marginalized groups took place in Central Visayas.
Police colonel Lito Patay was appointed Davao City police chief in 2024, but Conti raised concerns over his role in Duterte’s term, during which Patay’s anti-drug operations reportedly led to numerous killings.
House Deputy Minority Leader France Castro (ACT Teachers Party-list) said that without the ICC’s intervention, justice for the families of EJK victims “would not have been possible.”
"The ICC has shown that it respects due process, giving the former president legal representation and the opportunity to defend himself — the very rights denied to thousands of victims of extrajudicial killings under his administration," Castro added.
Justice system reforms needed
Rights groups have estimated 12,000 to 30,000 extrajudicial killings during Duterte’s drug war, including thousands of cases that were never investigated by police.
“Families of victims are discouraged and threatened with reprisals if they pursue cases. The costs of acquiring lawyers, filing pleadings, and going to hearings, as well as the psychological and social costs are staggering,” Karapatan said.
RELATED: Families of EJK victims seek justice from ICC trial amid challenges in filing local cases
While the ICC offers legal redress for families of EJK victims, the rights group stressed the need for reforms in the country’s justice system — not just to curb impunity among police and courts, but to ensure victims have better access to justice.
“Rejoining the ICC is crucial, but equally important is strengthening our own justice system. … We need institutional reforms that will ensure justice for all victims regardless of who the perpetrators are,” Rep. Arlene Brosas (Gabriela Women’s Party) said.
“The recent arrest of former President Duterte is just the beginning,” she added.
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