Former International Criminal Court (ICC) judge Raul Pangalangan has declared that no heads of state are protected by immunity when facing serious allegations at an international tribunal. This bold statement coincides with the recent arrest of Rodrigo Duterte, the former President of the Philippines, who was apprehended in The Hague to contend with murder charges connected to his infamous anti-drug campaign.

At 79 years of age, Duterte could position himself as the first Asian ex-leader to be tried at the ICC. The court has cited “reasonable grounds” for charging him with murder as a crime against humanity due to his role as an “indirect co-perpetrator” in a violent crackdown that allegedly resulted in the deaths of thousands of suspected drug dealers and users, often under murky circumstances.

A Deep Dive into Duterte's "War on Drugs"

Pangalangan, who served in the ICC from 2015 to 2021, emphasized the evolution of international law, asserting that even the most powerful leaders are now subject to accountability. “In this case, President Duterte will not escape justice despite his previous presidential immunity,” he stated during an interview on CNA’s Asia First.

After arriving at Rotterdam The Hague Airport on a chartered flight, Duterte is set to face an ICC judge shortly for an initial court appearance where the serious charges against him will be formally explained. During the process, Duterte’s legal team is expected to challenge the court's jurisdiction in a bid to confirm charges against him.

In a video posted to social media, Duterte expressed his willingness to take responsibility for his actions during his presidency from 2016 to 2022, a period characterized by relentless violence against drug-related crimes. Official statistics document approximately 6,200 drug-related killings, although human rights advocates argue the actual number is far higher.

The international scrutiny began in earnest in 2018 when the ICC’s prosecutor initiated a preliminary investigation into the alarming death toll associated with the Philippines’ drug war. This led to Duterte's controversial decision to withdraw from the ICC’s founding treaty, the Rome Statute, an action that took effect in March 2019. However, despite this withdrawal, many legal experts assert that the ICC maintains jurisdiction over crimes committed while the Philippines was still a signatory.

A Lengthy Legal Battle Ahead

In a twist of legal maneuvering, Duterte’s lawyers have launched a Supreme Court petition to secure his release and to have any legal proceedings occur within the Philippine judicial system. However, Pangalangan suggests that domestic courts cannot merely invalidate the ICC’s authority. “Once the ICC takes jurisdiction, it will continue to advance toward trial, culminating in either a conviction or an acquittal,” he noted.

Currently held in a detention center along the Dutch coast, Duterte could remain incarcerated pending trial if there’s a perceived risk of him fleeing or failing to cooperate with the proceedings. Pangalangan underscored the ICC's commitment to a fair trial, noting that trials cannot occur in the absence of the accused.

Duterte’s Legal Troubles Amidst Political Turmoil

The development arrives amidst increasing political rivalry in the Philippines. Analysts indicate that Duterte’s troubles may be compounded by tensions between the powerful Marcos and Duterte families. President Ferdinand Marcos Jr. had previously pledged to prevent ICC jurisdiction in the Philippines, but cracks have appeared in their political alliance. Notably, Vice President Sara Duterte has faced serious allegations, including impeachment for purportedly plotting to assassinate the president.

Political expert Ronald Holmes remarked that such alliances often prove fragile, stating, “They typically exist to secure electoral victories but are fraught with competing interests.” When asked about the potential survival of the Duterte political dynasty, Holmes offered a sobering perspective: “Political dynasties rarely disappear in the Philippines; they may fade but often find a way to recover.”

As the world watches closely, Duterte’s imminent trial may set a groundbreaking precedent for international law and accountability among world leaders. Will justice be served for the thousands affected, or will Duterte’s powerful allies find a way to shape the outcome? Stay tuned as this high-stakes legal drama unfolds!