Thursday, June 19, 2025

ICC’s Challenging Global Triumphs

Vis-a-vis Duterte’s Arrest

WITH THE SUCCESSFUL arrest of former President Rodrigo R. Duterte in Manila last March 11, 2025, it has recorded and embedded a tangible benchmark within the  portals and chronological history of the Hague’s highest tribunal of the land –The International Criminal Court (ICC). 

The ICC’s successful execution of the arrest, under rule of law, can be  considered an added outstanding global achievements in the face of the Court’s many challenges since the highest tribunal was established in 2002.

In the wake of the arrest and detention in the Hague prison camp, Duterte has become the first Asian former head of state to be taken into custody by the ICC over charges of crimes against humanity for killings linked to his “war on drugs”.

​MONUMENTAL STEP TO JUSTICE

“Rodrigo Duterte’s arrest is a long-awaited and monumental step for justice for the thousands of victims and survivors of his administration’s ‘war on drugs’, which turned much of the Philippines into a nation of mourning. 

“The man who said, ‘my job is to kill’ oversaw the shootings to death of victims – including children – as part of a deliberate, widespread and well-organized campaign of state-sanctioned killings,” Agnes Callamard, Secretary General of Amnesty International, said in a statement.

RESTITUTION AND REPARATIONS

In the light of hope, the family’s cry for true justice will soon be justified and restituted. 

The endless pain of the loss of love ones, who were killed without the due process of law, will hopefully be vindicated with the full weight of the law for all perpetrators who committed human rights violations and crimes against humanity. 

Families of victims and the thousands forcibly taken and executed under Duterte’s drug war seek full reparations and urgent appropriate compensations when the final judgment is handed-down.

All suspected masterminds and perpetrators of the worst crimes, including government leaders, police officials can and will face the full weight of the ICC judgment, wherever they are in the world. 

During the commission of the crimes and in time when too many governments renege on their ICC responsibilities, Duterte’s successful and peaceful arrest is credited to the power of international law and smooth coordination and cooperation of Philippine government authorities.

PH WITHDRAWAL 

Currently, the Philippines is not a member of the ICC. Duterte announced this on March 13, 2018. The country was still an active member of the Rome Statute between 2011 and 2019.

Under the court’s founding 1998 Rome Statute, even if a state withdraws as a member it retains jurisdiction over crimes committed during the membership period.

Duterte’s withdrawal in 2018 was after ICC announced it investigate allegations of systematic murders of drug dealers on his watch, while the country was still an ICC member.

STATUS OF ICC CASES 

To date, ICC have thus far been 32 cases before the Court, with some cases having more than one suspect. ICC judges have issued 60 arrest warrants.

With the cooperation from countries, 21 people have been detained in The Hague detention and have appeared before the Court; 31 remain at large.

Charges have been dropped against seven people, most of who died before the hearings. ICC judges have issued nine summonses to appear, while there had been 11 convictions and 4 acquittals.

The Court has issued its first verdicts and thousands of victims are receiving reparations.

The following ICC’s successful global arrests and cases documented and recorded: 

RODRIGO DUTERTE: Arrested on March 11, 2025, in connection “crimes against humanity, in relation with his drug war in the Philippines; 

LAURENT GBAGBO & CHARLES BLE GOUDE: While initially charged with crimes against humanity, the Trial Chamber I acquitted them all charges in 2019, and the Appeals Chamber confirmed the acquittal in 2021;

THOMAS LUBANGA DYILO: From Democratic Republic of Congo, was convicted of conscripting children under the age of 15 and using them in hostilities. He was sentenced to 14 years in prison.

BOSCO NTAGANDA: From Democratic Republic of Congo, found guilty of 18 counts of war crimes and crimes against humanity. He was sentenced to 30 years in prison;

DOMINIC ONGWEN (UGANDA): Found guilty of 61 crimes including war crimes and crimes against humanity. He was sentenced to 25 years in prison, and 

AHMAD AL FAQI AL MADHI (MALIAN): Found guilty of destroying historical and religious monuments in Tikbuktu.

The most notable suspects still to be arrested and heard are: Israeli Prime Minister Benjamin Netanyahu, accused of being criminally responsible for acts including murder, persecution and using starvation as a weapon of war in the Gaza conflict and Russian President Vladimir Putin, accused of the war crime of illegally deporting hundreds of children from Ukraine. Both Israel and Russia have repeatedly denied that their forces have committed atrocities in Gaza and Ukraine respectively and have argued the ICC has no jurisdiction over them.

To date, ICC is conducting an intensive and continuous investigations from the Palestinian territories to Ukraine and African states such as Uganda, Democratic Republic of Congo and Kenya, to Venezuela in Latin America and Myanmar and the Philippines in Asia. It says there have been 32 cases before the court, with some having more than one suspect. ICC judges have issued at least 60 arrest warrants.

GLOBAL ACHIEVEMENTS 

Among the many global challenges and achievements of the Court to date include the unique mechanisms for providing support to victims and witnesses, the establishment of its vital infrastructure in situation countries and the growing outreach program.

ICC has made significant progress holding high-level suspected perpetrators of atrocities to account.  

One of the main achievements and pillars of the Rome Statute is the independence of the ICC, carrying with it safeguards against politically motivated investigations and prosecutions.

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Domingo P. Herras
Domingo P. Herras
As a Freelance Writer and Press Photojournalist, Domingo P. Herras writes and contributes news and feature articles in the various foreign and local daily broadsheets, tabloid newspapers and online news magazines abroad. He is currently an active member of the Federation of Philippine Photographers Foundation, Inc. (FPPF) and of the Press Photographers of the Philippines. While working overseas, he contributed socio-cultural and historical documentaries to various media outlets. Herras is a graduate of the Adamson University in Manila.