Rodrigo Duterte, former Philippine president, was arrested on March 11 at Ninoy Aquino International Airport and surrendered to the International Criminal Court in The Hague, making him the first Asian ex-head of state to face such proceedings. Charged with murder related to his war on illegal drugs, the 80-year-old leader has sought release on health grounds and challenged the court's jurisdiction, but both requests have been denied so far.
Rodrigo Duterte was not the first former Philippine president charged and detained after leaving Malacañang, but he made history last year as the first Asian ex-head of state arrested and surrendered to the International Criminal Court. He was arrested at Ninoy Aquino International Airport on March 11 upon arrival from a political rally in Hong Kong with supporters. President Marcos, a former ally of the Duterte family, justified the arrest by citing the Philippines' commitment to Interpol, through which the ICC routed the warrant.
Following the arrest, Duterte was held at Villamor Air Base for hours and, with his lawyers failing to secure a restraining order from the Supreme Court, flown on a private jet to The Hague in the Netherlands shortly before midnight. On March 12, the ICC confirmed that Pre-Trial Chamber I had issued an arrest warrant against Duterte for crimes against humanity of murder.
Two days later, the former president appeared before the tribunal for the first time via video conference from the ICC Detention Center. What followed in the succeeding months were challenges and appeals seeking the release of the 80-year-old Duterte, who once vowed to physically assault ICC judges if arrested. In addition to 'widespread' and 'systematic' killings in the drug war context, he was charged over activities of the so-called Davao death squad when he was mayor or vice mayor of Davao City.
In the Philippines, families of drug war victims openly wept as they welcomed Duterte's arrest. It was described as a 'watershed moment' for international justice and a 'critical step' towards accountability in the Philippines. But for his supporters, Duterte's arrest and surrender to the ICC was mere politics. They described it as betrayal by Marcos, whose UniTeam alliance with Vice President Sara Duterte led to their landslide victory in the 2022 elections.
Marcos' ratings have significantly suffered, while Duterte and his allies have consolidated support, resulting in a strong showing by their slate in the Senate race. Duterte himself secured a landslide victory in his mayoralty run despite his absence from the campaign trail. His family, lawyers, and supporters described his arrest as a form of 'kidnapping,' a narrative that appeared in legal filings and coordinated online attacks against the Marcos administration, victims and their lawyers, and even the ICC and the judges handling the proceedings.
At the ICC, Duterte's lawyers have pursued three legal remedies for his release. In May, they filed a challenge to the ICC's jurisdiction, repeating claims that the tribunal no longer has authority over Philippine crimes due to the country's withdrawal. The following month, they requested temporary release, stating he is not a flight risk and an unidentified country agreed to host him.
Then in August, they sought indefinite adjournment of proceedings due to his declining health rendering him 'unfit' for trial, leading to the postponement of the confirmation of charges hearing scheduled for September 23. The defense suffered setbacks after the jurisdiction challenge and interim release request were denied by ICC Pre-Trial Chamber I. The Appeals Chamber affirmed his continued detention, while the jurisdiction appeal remains pending.
On his fitness, pre-trial judges have yet to decide, though recent filings indicate a panel of medical experts found him capable of participating in pre-trial proceedings. Both the ICC Pre-Trial Chamber I and Appeals Chamber are expected to rule soon on the adjournment request and jurisdiction appeal. If denied, pre-trial proceedings will proceed, including the postponed confirmation of charges hearing. Only after charges are confirmed can the case go to trial.
