Former Philippine President Rodrigo Duterte has been flown to The Hague following his arrest in Manila, which was executed on the directive of the International Criminal Court (ICC). This development comes as the court intensifies its investigation into the mass killings associated with Duterte’s controversial anti-drug campaign.
On Wednesday, Duterte arrived in The Hague after being detained at Manila’s airport upon his return from a trip to Hong Kong. He was subsequently placed on a flight to Dubai, where his aircraft reportedly remained for several hours before continuing to Rotterdam-The Hague airport. Philippine media outlets captured images of him aboard the plane during his transit to the Netherlands.
Charges and Historical Context
Upon his arrival in The Hague, Duterte is expected to be transferred to a Dutch prison located in the suburb of Scheveningen, which houses a specialized United Nations facility around two kilometers from the ICC. This prison has previously housed several high-profile figures, including former leaders Slobodan Milošević of Serbia and Charles Taylor of Liberia, as well as Bosnian Serb General Ratko Mladić.
As Duterte’s flight reached its destination, both supporters and protesters convened outside the ICC, reflecting the polarized views surrounding his presidency. Protester Alodiq Santos expressed the emotions tied to the ICC’s decision, stating,
“It’s a very emotional experience for people. Politics has long been a patronage-like, personality-driven process in the country. And yeah, so we will, in the end of the day are all Filipino. So, it is hurting us. But we must stand firm to the principles that we all personally believe in.”
Implications of the ICC Investigation
The ICC initiated its inquiry into the mass killings linked to Duterte’s war on drugs in 2021, focusing on actions he took during his tenure as mayor of Davao City and later as president. Various estimates suggest that the death toll during his administration could range from over 6,000, as reported by national police, to as high as 30,000 according to human rights organizations.
In their warrant for arrest, ICC judges found “reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder” and indicated he was an “indirect co-perpetrator” in overseeing these killings. In response to mounting scrutiny, Duterte withdrew the Philippines from the ICC in 2019, a move criticized by human rights advocates as an attempt to evade accountability.
The Duterte administration later attempted to halt the ICC’s investigation by asserting that local authorities were addressing the same allegations, which they argued should preclude ICC jurisdiction. However, the court’s appeals judges dismissed these claims and authorized the resumption of the investigation in 2023.
Duterte is expected to face a hearing shortly after his custody at the ICC detention center, where judges will confirm his identity and ensure he comprehends the charges against him. A subsequent hearing, known as a confirmation of charges, will allow pretrial judges to evaluate whether sufficient evidence exists to warrant a full trial.
While Duterte might challenge the court’s jurisdiction and case admissibility, the alleged crimes occurred before the Philippines’ withdrawal from the ICC. This lengthy legal process could extend for months, if not years, should it advance to trial. Additionally, Duterte may request provisional release from the detention center during this period, although such a request hinges on judicial approval.