FOLLOWING the arrest of former president Rodrigo Duterte in Manila, the International Criminal Court (ICC) announced that its investigation into the situation in the Philippines will continue.
In a video posted on YouTube, ICC Prosecutor Karim A.A. Khan emphasized that Duterte’s arrest on charges of crimes against humanity for the thousands of deaths during his bloody war on drugs shows that international law can be effective. He said the arrest is meaningful for victims, as it demonstrates that accountability is possible when nations work together.
In a statement, the ICC said the arrest was an important development in its “pursuit of accountability” in the situation in the Philippines for alleged crimes committed during the so-called war on drugs.
“This is a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction,” it said in a statement on Wednesday (Thursday in Manila).
It also noted that the case against Duterte fell “within the jurisdiction of the Court as the alleged crimes occurred during the period when the Philippines was a state party to the Rome Statute, the ICC’s founding treaty.”
“Mr. Duterte is alleged to have committed these crimes as part of a widespread and systematic attack directed against the civilian population,” the ICC said.
“The office is now commencing preparations toward the initial appearance and subsequent judicial proceedings before the court,” the ICC said.
The office thanked all the victims, survivors, witnesses and activists from the Philippines “who have stepped forward to cooperate in the office’s investigation.”
Duterte was arrested on Tuesday, March 11, upon arriving in Manila from Hong Kong.
On the same day, he was flown on a chartered plane heading to The Hague, where he arrived late in the afternoon on March 12 (past midnight on March 13 in Manila).
The ICC Prosecutor’s Office alleged that Duterte, during his time as mayor and then-president, was responsible for crimes against humanity, specifically murder, targeting civilians from November 2011 to March 2019, when the Philippines was still part of the Rome Statute.
On March 7, a pretrial chamber issued an arrest warrant, finding reasonable grounds to believe in Duterte’s involvement in these crimes.
The ICC thanked the victims, survivors and witnesses who cooperated in the investigation, acknowledging their vital role in making this progress possible.
“Their strength, courage and perseverance make these significant developments possible. Those who wish to further cooperate or who have relevant information are encouraged to do so via the Office’s Witness Appeal portal,” it added.
‘I’m OK’
Meanwhile, in a video message posted on his Facebook page, Duterte assured his supporters he is “OK” and told them not to worry as he arrived in the Netherlands to face the ICC to address the crimes against humanity charges filed against him.
“It was a long flight. I’m OK, don’t worry,” he said in a video message posted shortly after midnight on Thursday, Manila time.
The former leader, who gained notoriety for his expletive-laden speeches and hard stance against criminality and criminals, said the legal and political battle he is currently facing has something to do with the country’s law and order situation under his watch.
The 79-year-old is the first Asian former head of state to face charges at the ICC.
He took responsibility for the unforgiving campaign against narcotics during his term and reminded the police and military to continue with their sworn duties.
“I told the police and military just do your job, and I will bear responsibility. So, this is it,” he said.
“For all of the … whatever happened in the past, I’ll serve as the front of our law enforcement and even the military. I told you I will protect you,” he added in English and Filipino.
Once in ICC custody, Duterte will be whisked off to a detention facility before he makes an initial appearance before the tribunal in the coming days.
“This will be a long legal proceeding, but I say to you, I will continue to serve the country. So be it if this is my destiny. Thank you,” he concluded.
The Philippine Embassy in the Netherlands rendered consular assistance to Duterte, who arrived at the Rotterdam Airport on board a chartered flight.
The embassy said the plane carrying Duterte landed at the Rotterdam Airport at 4:56 p.m. Wednesday (11:56 p.m. Manila time).
Duterte was turned over by accompanying Philippine law enforcement authorities to officials of the ICC’s Judicial Cooperation Unit of the Office of Registry.
“In view of the winter season in Europe, the embassy prepared, procured and delivered winter clothing, change of clothes and care packages for the former president,” it said in a statement posted on Facebook.
The embassy said that “appropriate winter clothing, change of clothes and care packages were also turned over to the accompanying delegation and the plane’s crew members at the airport.”
The embassy said former executive secretary Salvador Medialdea was issued a 15-day visa as Duterte’s counsel and has been granted permission to visit him at the ICC detention center in Scheveningen, The Hague.
Embassy officials earlier called the attention of the ICC officials and Netherlands Ministry of Foreign Affairs officials “on the need to closely attend to and monitor the medical and physical conditions of the former President.”
In related developments, the Armed Forces of the Philippines (AFP) on Thursday said the entire military force remained intact and its morale high amid unverified reports that soldiers were resigning over Duterte’s arrest.
Philippine Army spokesman Col. Louie Dema-ala said they have not verified the online reports of soldiers and said morale remains high. Dema-ala also said the Army needs no loyalty check as the Army remains professional.
At the same time, AFP spokesman Col. Francel Margareth Padilla said that reports of AFP personnel resigning in support of former president Duterte remain unverified. “We urge everyone to exercise critical discernment and avoid spreading unconfirmed information,” Padilla said.
Former senator Leila de Lima on Thursday said incumbent Sen. Alan Peter Cayetano is the last person who should tell human rights organizations and defenders what to do in the arrest of the former president. De Lima’s remarks came after Cayetano said due process should be afforded to everyone, including Duterte.
“He is also the last person on earth with credibility to talk about due process and human rights,” de Lima said in a video statement.
“While we were fighting, you mercilessly killed thousands of Filipinos, including babies and children,” she added in Filipino.
The former senator, who was detained by the previous administration over her criticism of their drug war, said Cayetano should also be among the accused in the ICC with Duterte.
“Alan Peter’s defense of the EJKs (extrajudicial killings) of the drug war is well-known. In fact, he should be one of those accused and arrested by the ICC together with Duterte. He enabled and encouraged the deadly criminal enterprise that was the summary execution of poor Filipinos in the name of a fake drug war,” de Lima said.
“You’ve been talking about due process and human rights, but where were you when I fought in the Senate the loss of due process and the respect for human rights for those killed in the drug war?” she added in Filipino. WITH ARIC JOHN SY CUA, FRANCISCO TUYAY
