Rare success
• The International Criminal Court (ICC) has arrested former President of the Philippines, Rodrigo Duterte, on a warrant issued by the ICC.
• The arrest was a rare success in the ICC’s efforts to hold senior political figures accountable for their crimes.
• The arrest was executed by the government headed by President Ferdinand Marcos Jr., possibly due to disagreements with Vice-President Sara Duterte, who is involved in impeachment proceedings.
• ICC warrants remain unexecuted unless national governments cooperate with the ICC, a feature that often delays most ICC prosecutions.
• Duterte is accused of “the crime against humanity of murder” related to his ‘war on drugs’ campaign.
• Despite the Philippines’ withdrawal from ICC membership, the Pre-Trial Chamber has determined that it has jurisdiction to try crimes committed during the Philippines’ time as a party.
• The ICC was created by the Rome Statute to have a permanent court for war crimes and crimes against humanity.
• The ICC has been accused of focusing on Africa, moving mainly against warlords and leaders in conflict zones.
• The ICC still exists as an international judicial institution because it tries only individuals, not states.
• The ICC has made significant verdicts on its own jurisdiction, including the ruling in Palestine that it can order investigations into crimes committed by nationals of both state-parties and non-state-parties on the territory of a state-party.