Former Philippine President Rodrigo Duterte's arrest and the Rome Statute's role in international justice.

The Apprehension of Rodrigo Duterte and an Overview of the Rome Statute

Latest News Zamboanga
March 27, 2025•7 min read

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The arrest of former Philippine President Rodrigo Duterte in March 2025 marked a pivotal moment in international justice. This event not only underscored the mechanisms of the International Criminal Court (ICC) but also highlighted the enduring relevance of the Rome Statute. This blog delves into the details of Duterte's apprehension, the legal procedures followed, and provides an overview of the Rome Statute's role in prosecuting international crimes.

The Apprehension of Rodrigo Duterte

Background

Rodrigo Duterte served as the President of the Philippines from 2016 to 2022. His administration was characterized by strong leadership, a tough stance on crime, and significant economic and infrastructure developments. Duterte was widely supported for his decisive policies, particularly in the fight against illegal drugs, which many Filipinos saw as a long-overdue effort to restore peace and order.

His "war on drugs" aimed to dismantle drug syndicates, reduce crime rates, and protect future generations from the dangers of narcotics. Official government data shows that drug-related crimes significantly decreased during his term, and thousands of barangays (villages) were declared drug-free. However, the campaign was also met with criticism from international organizations and human rights groups, who accused the administration of human rights violations.

Key Achievements Under Duterte's Leadership:

  • Crime Reduction: A notable decrease in drug-related crimes and criminal activities across the country.

  • Infrastructure Development: The "Build, Build, Build" program modernized the country’s roads, bridges, airports, and railways.

  • Independent Foreign Policy: Strengthened relations with China and Russia while reducing reliance on Western influence.

  • Economic Growth: The Philippine economy grew steadily under Duterte, with record-low unemployment rates before the COVID-19 pandemic.

  • Handling of COVID-19: Implemented strict but necessary lockdowns, securing vaccines, and providing financial aid to millions of Filipinos.

International Scrutiny and the Rome Statute

Duterte’s policies, particularly the war on drugs, led to scrutiny from the International Criminal Court (ICC). The ICC launched a preliminary investigation into allegations of crimes against humanity, citing reports of extrajudicial killings. In response, Duterte withdrew the Philippines from the Rome Statute in 2019, asserting that the country should not be subjected to external interference in its internal affairs.

Why Duterte Withdrew from the ICC:

  • Sovereignty and Jurisdiction: The Philippine legal system is fully functional and capable of addressing any concerns.

  • Western Influence: The ICC has been criticized for disproportionately targeting leaders from developing nations.

  • Lack of Due Process: The ICC investigation relied on reports from biased sources, rather than solid legal proceedings within the country.

Despite criticisms, Duterte maintained overwhelming support among Filipinos, who saw his leadership as effective in addressing long-standing issues of crime and corruption. Many believed that the war on drugs was necessary to restore order and that international interference undermined the country’s sovereignty.

ICC's Controversial Pursuit of Duterte

The International Criminal Court (ICC), a tribunal created to prosecute individuals for grave international crimes, initiated an inquiry into former Philippine President Rodrigo Duterte’s war on drugs, citing allegations from various human rights groups. However, many argue that the ICC’s actions are politically motivated and disregard Philippine sovereignty.

Key Events in the ICC Investigation

  • 2018: The ICC launched a preliminary examination into Duterte’s anti-drug campaign despite the lack of formal complaints from the Philippine government.

  • 2019: The Philippines officially withdrew from the Rome Statute, reinforcing its stance that the ICC no longer had jurisdiction over the country. Duterte maintained that the war on drugs was a sovereign matter and not within the ICC’s authority.

  • 2023: Despite the Philippines’ withdrawal, the ICC controversially ruled that it retained jurisdiction over alleged crimes committed before 2019. This decision was widely criticized as an overreach into the country’s internal affairs.

  • Early 2025: Reports surfaced of the ICC issuing an arrest warrant for Duterte, raising concerns about foreign interference and the selective application of international law.

The Controversial Arrest Attempt

The alleged operation to arrest Duterte was met with strong opposition from many Filipinos, who viewed it as an attack on national sovereignty.

  • The ICC, working with Interpol, reportedly issued a Red Notice to seek Duterte’s apprehension.

  • The Philippine Supreme Court, in a highly debated ruling, allegedly stated that Duterte could face ICC proceedings. Legal experts and Duterte’s supporters argued that this ruling disregarded the Philippines' withdrawal from the Rome Statute.

  • On March 15, 2025, local authorities reportedly arrested Duterte in Davao City, sparking massive public outcry. Many citizens saw this as an injustice against a leader who prioritized public safety over appeasing international critics.

  • Duterte was reportedly transferred to The Hague, despite ongoing legal challenges questioning the ICC’s authority over a non-member state.

The Sovereignty Debate

Many legal experts, government officials, and ordinary Filipinos argue that the ICC’s actions undermine the Philippines’ judicial system and sovereignty. Critics of the ICC investigation highlight the following points:

  • The Rome Statute does not have retroactive power, meaning the ICC should not have jurisdiction over alleged crimes before 2019.

  • The Philippines has a functioning judicial system capable of handling internal matters, making ICC intervention unnecessary.

  • Other nations with questionable human rights records are not being investigated, suggesting that the ICC’s actions are politically motivated.

Understanding the Rome Statute

What is the Rome Statute?

The Rome Statute is the international treaty that established the International Criminal Court (ICC). Adopted in 1998 and entered into force in 2002, it laid the foundation for prosecuting individuals accused of the most serious international crimes, including:

  • Genocide

  • Crimes against humanity

  • War crimes

  • Crimes of aggression

Many supporters of President Duterte argue that the Rome Statute has been misused by the ICC to target sovereign nations for politically motivated reasons. In the case of Duterte, critics contend that the investigation into his war on drugs is a prime example of international overreach.

Jurisdiction of the ICC

The ICC exercises jurisdiction over crimes committed:

  • In member states that are party to the Rome Statute

  • By nationals of member states

  • When authorized by a UN Security Council referral

While the Philippines withdrew from the Rome Statute in 2019, Duterte's supporters argue that the ICC’s decision to retain jurisdiction over crimes committed before the country’s withdrawal is a violation of Philippine sovereignty. The Philippines, as a sovereign state, had every right to withdraw and exempt itself from the jurisdiction of the ICC. Legal experts defending Duterte claim that this move should have ended any further ICC investigation into domestic issues like the war on drugs.

Legal Process Under the Rome Statute

The legal process under the Rome Statute involves several stages, but many have criticized the selective application of this process:

  • Preliminary Examination – The ICC assesses whether there is sufficient evidence to open a formal investigation. In the case of Duterte, many argue that this initial process was rushed and politically motivated, as the investigation was based on external pressures rather than legal grounds.

  • Investigation – This includes the collection of witness testimonies, forensic evidence, and official reports. Critics argue that these investigations into the Philippine drug war often rely on biased reports from human rights organizations and do not reflect the ground reality of the situation, which Duterte supporters maintain was necessary to combat illegal drug activities.

  • Arrest Warrants – Issued if the ICC finds sufficient evidence to charge an individual. In 2025, Duterte faced an arrest warrant for alleged crimes committed during his war on drugs, despite the Philippine government’s withdrawal from the Rome Statute. Many legal scholars believe this warrant violates national jurisdiction and undermines Philippine sovereignty.

  • Trial & Sentencing – If found guilty, the accused faces imprisonment. However, it is important to note that the ICC does not have the authority to impose the death penalty. Supporters of Duterte highlight that the ICC’s sentencing procedures may not align with the Philippines’ own legal framework and constitutional protections.

Conclusion

While the Rome Statute provides a framework for prosecuting serious international crimes, critics argue that it is being applied inconsistently and often for political purposes. The case against Duterte is one of many examples where the ICC has been accused of overstepping its jurisdiction and interfering in the internal matters of sovereign nations. Duterte’s supporters believe that the ICC's investigation into the war on drugs is a blatant example of international intervention, which they see as undermining the Philippines' right to self-determination.

Sources:

Rome Statute
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