FORMER PRESIDENT RODRIGO R. DUTERTE — ICC-CPI.INT

By Chloe Mari A. Hufana, John Victor D. Ordoñez and Kenneth Christiane L. Basilio, Reporters

FORMER PRESIDENT Rodrigo R. Duterte’s arrest and looming trial before the International Criminal Court (ICC) in The Hague could help the Philippine bid for a nonpermanent seat in the United Nations Security Council in 2027, political analysts said.

It also exposed weaknesses in the Philippine justice system, though it presents an opportunity to show the international community its commitment to uphold the rule of law, they added.

“The commitment the Philippine government has shown will certainly change the political landscape of the region, most especially given the fact that Duterte is the very first Asian to be tried in the International Criminal Court,” Josue Raphael J. Cortez, who teaches diplomacy at De La Salle-College of St. Benilde, told BusinessWorld in a Facebook Messenger chat.

The move also sends a message to Western nations that the Global South, despite its diversity, could uphold international justice, he said.

“On the other hand, it has also served as an impetus to social disconnect as the arrest further exacerbated the polarization within our society,” he added.

“Mr. Duterte’s case is ultimately an indictment of the weakness of our judicial institutions and independence, both under him and even now under Ferdinand R. Marcos, Jr.,” Hansley A. Juliano, who teaches political science at the Ateneo de Manila University, said in a Facebook Messenger chat. “It’s also a setback in the credibility of the Philippine government and indeed, state sovereignty.”

Mr. Duterte, who led the Philippines from 2016 to 2022, was arrested on Tuesday in Manila, marking the biggest step yet in the ICC’s probe into alleged crimes against humanity during an anti-illegal drug crackdown that killed thousands and drew condemnation around the world.

“Now that the ICC has arrested Rodrigo Duterte sans any form of resistance from the current administration, we can expect the full force of international law to be applied on his case,” Edwin S. Estrada, who teaches international relations at Benilde, said in a Viber message.

On the other hand, critics of the ICC trial see it as tarnishing Philippine sovereignty and independence from foreign influence, he pointed out.

The ICC has been investigating the ex-President for crimes against humanity that he allegedly committed when he was Davao City mayor and during the first three years of his government, when the Philippines was still a party to the international tribunal.

DEATH SQUAD
Mr. Duterte, 79, unilaterally withdrew the Philippines from the ICC’s founding treaty in 2019 when it started looking into allegations of systematic extrajudicial killings.

The war on drugs was Mr. Duterte’s signature campaign policy that swept him to power in 2016 as a maverick, crime-busting mayor who delivered on promises he made during vitriolic speeches to kill thousands of drug pushers.

The firebrand leader said he used a death squad composed of gangsters and rich people who killed criminals in Davao City, but denied giving out rewards for these killings.

The government estimates that at least 6,117 people were killed in Mr. Duterte’s drug war between July 1, 2016, and May 31, 2022, but human rights groups say the death toll could be as high as 30,000.

Mr. Duterte could become the first former Asian head of state to stand trial at the ICC, a court that has largely handled cases from African nations.

There are four cases at the ICC centered on war crimes and crimes against humanity allegedly committed throughout the African continent such as Sudan and the Central African Republic.

“Given that most of the cases the ICC handled over time is centered on Africa, Mr. Duterte… will serve as a signal to Asian leaders about what the future could be like for them should they violate fundamental rights,” Mr. Cortez said.

Handing Mr. Duterte to the ICC could paint the Philippines in a “positive light,” showing its willingness to cooperate with international bodies, said Jeremy I. Gatdula, dean of the University of Asia and the Pacific Law School.

It does not imply that the Philippines lacks the capacity to prosecute the ex-President domestically, he added.

“Any questions regarding it being an affront to Philippine sovereignty are certainly out of the question,” he said via Messenger chat. “It was a choice made by the Philippine government on its own.”

Mr. Cortez said Mr. Duterte’s age is unlikely to affect the ICC’s judgment on his criminal liability. “It may be considered during sentencing for the appropriate number of years of imprisonment to be imposed.”

Last week, the ICC Office of the Prosecutor said Mr. Duterte’s arrest falls within the tribunal’s jurisdiction since the crimes happened when the Philippines was still a member of the Rome Statue, or the treaty that created the ICC.

“The arrest of Mr. Duterte is an important development in the office’s pursuit of accountability in the situation in the Republic of the Philippines for alleged crimes committed in the context of the so-called war on drugs campaign,” it said.

Mr. Marcos earlier said his government was just doing its job in carrying out the ICC arrest warrant. “It’s nothing personal. It’s not because it’s one person or another that we do the things that we do.”