A Legal Battle Over Alleged Crimes During War on Drugs

A Legal Battle Begins

Former International Criminal Court (ICC) prosecutor Fatou Bensouda, who served from 2015 to 2021, highlighted the evolution of international criminal law in holding top government officials accountable for their actions.

"There is no such thing as head of state immunity, and there is no immunity that attaches to the acts committed by, in this case, President Duterte, even at the time when he was president," Bensouda stated in an interview with CNA's Asia First.

Duterte arrived at Rotterdam The Hague Airport on Wednesday and will face an ICC judge in the coming days for an initial appearance, where the allegations against him will be presented in court.

Professor of law at the University of the Philippines, Bensouda explained the next stage will involve the confirmation of charges, during which Duterte's lawyers are expected to raise objections, including questioning the ICC's jurisdiction to investigate the alleged crimes.

In a video posted to his Facebook page, Duterte expressed his willingness to accept responsibility. His war on drugs campaign, a defining feature of his presidency from 2016 to 2022, resulted in the deaths of approximately 6,200 drug suspects, according to Philippine police figures. However, activist groups believe the actual number is significantly higher.

The violence prompted the ICC prosecutor's office to initiate a preliminary investigation into the deaths in the Philippines in 2018. Subsequently, Duterte announced the country's withdrawal from the ICC's founding treaty, the Rome Statute. The withdrawal took effect in March 2019.

Despite the withdrawal, the Rome Statute stipulates that the ICC retains jurisdiction over crimes committed during the membership period, even if a state ceases to be a member. This legal battle between the ICC and Duterte is set to unfold in the coming days and weeks.