INTRODUCTION
The recent arrest of former Philippine President Rodrigo Duterte (hereinafter “Duterte”) has sparked headlines across legal and political spheres, igniting a global discourse on human rights, justice, and accountability. Duterte’s controversial war on drugs, which claimed thousands of lives, has been widely criticised as a campaign of violence and cruelty that disregarded both national and international laws. His infamous statement in 2016, where he claimed, “Hitler massacred three million Jews. Now, there are three million drug addicts… I’d be happy to slaughter them” (GMA News, 2016), was a chilling reflection of a brutal policy that polarised the nation.
To shed light on this issue, this article examines the background and circumstances behind Duterte’s ‘war on drugs’ campaign, and analyses its legal and human rights implications.
BACKGROUND AND TIMELINE OF EVENTS
Prior to his arrest, investigations into the widespread killings attributed to Duterte’s war on drugs had been ongoing for several years. Duterte, a former mayor of Davao City, had been accused of overseeing extrajudicial killings, including the actions of the so-called “Davao Death Squad”, which allegedly executed drug suspects and other criminals (Regencia, 2025).
When he ran for the presidency in 2016, one of his campaign promises was to continue his war on drugs and combat the country’s illegal drug problems. In speeches, Duterte vowed to continue his hard-line approach to tackling the drug problem, even going as far as stating, “Forget the laws on human rights. If I make it to the presidential palace, I will do just what I did as mayor. You drug pushers, hold-up men and do-nothings, you better go out. Because I’d kill you.” (Reuters, 2025). Such rhetoric fuelled his popularity among the masses, and upon taking office, he swiftly escalated the war on drugs. By the end of 2016, reports indicated over 2,000 people had been killed in drug-related operations (Reuters, 2025). The violence sparked growing concerns from both domestic and international human rights groups.
In 2017, a lawyer representing a confessed member of the Davao Death Squad filed a complaint against Duterte with the International Criminal Court (ICC) on charges of crimes against humanity. That same year, a former Philippine senator and congressman filed supplemental communications before the ICC, accusing Duterte of orchestrating extrajudicial killings (Philippine Daily Inquirer, 2025).
The following year, the Philippine government announced that the ICC would commence a preliminary investigation into the alleged crimes committed by President Rodrigo Duterte. In response, Duterte declared that the Philippines would withdraw from the Rome Statute, the treaty establishing the ICC. The written notification of withdrawal was subsequently submitted. Despite Duterte’s withdrawal declaration, additional complaints were filed with the ICC in 2018 by several families of the drug war victims.
In 2019, the Philippines was officially withdrawn from the Rome Statute. However, the ICC maintains that it retains jurisdiction for all crimes committed prior to withdrawal. By the end of 2019, the ICC determined that there was a sufficient basis for the investigation to continue (Philippine Daily Inquirer, 2025).
Subsequently, in 2020, the Office of the Prosecutor of the ICC determined that there was a reasonable basis to believe that crimes against humanity had been committed in the Philippines’ war on drugs. Consequently, in 2021, the case was assigned to the Pre-Trial Chamber. However, the current Philippine government maintained its refusal to cooperate with the ICC during the investigation and requested that the ICC prosecutor, Karim Khan, defer the investigation.
In 2023, the ICC resumed its investigation of the case after discovering that the Philippines had failed to conduct further investigation into the matter. In 2024, the Philippine Senate conducted hearings regarding the drug war, and additional evidence was accordingly sent to the ICC. Initially, the current Philippine President, Ferdinand Marcos Jr., indicated his unwillingness to cooperate with the ICC. However, he later declared his intention to comply with the arrest warrant issued by the ICC (Regencia, 2025).
Thereafter, on March 7th, 2025, the Pre-Trial Chamber of the ICC issued an arrest warrant for Duterte. He was apprehended by Philippine authorities at Ninoy Aquino International Airport in Manila upon his arrival from Hong Kong on March 11th, 2025, and was immediately transferred to The Hague. On March 14th, 2025, he made his initial appearance before the ICC and is currently in the custody of the Court.
LEGAL BASIS OF THE ARREST
Duterte’s arrest has sparked outcry from his supporters that the arrest was tantamount to kidnapping and illegal detention, and a breach of Philippine sovereignty. However, the Philippine government maintains that the arrest was made pursuant to its commitment to the International Criminal Police Organization (Interpol) (Presidential Communications Office, 2025). It further adds that by virtue of international humanitarian law, the government was compelled to surrender Duterte to Interpol, and that the Philippines did not lose its sovereignty by complying with the arrest warrant. (Mangaluz, 2025).
According to the ICC Office of the Prosecutor, Duterte is “criminally responsible for the crime against humanity of murder (article 7(1)(a) of the Rome Statute) committed in the Philippines between 1 November 2011 and 16 March 2019” (International Criminal Court, 2025b). The specific provision of the alleged crime in the Rome Statute is as follows:
For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder; (Rome Statute of the International Criminal Court).
Furthermore, Article 127 of the Rome Statute clarifies that all crimes committed while a country is a member of the ICC remain subject to the jurisdiction of the Court, regardless of a subsequent withdrawal. This provision was central to the ICC’s decision to continue its investigation despite the Philippines’ official exit in 2019.
IMPLICATIONS TO HUMAN RIGHTS
During the presidency of Duterte, the escalating number of extrajudicial killings perpetrated by law enforcement officers raised serious concerns, prompting numerous human rights organisations and activists to urge the United Nations Human Rights Council to initiate an in-depth investigation into the human rights violations (Amnesty International, 2020). Reports indicated that the majority of victims were men from impoverished urban communities. Furthermore, there have been allegations that drugs were planted on the victims, leading to their unjustified death even in cases where they were unarmed (Ratcliffe, 2024).
In a congressional hearing held in October 2024, a former police colonel provided testimony corroborating these allegations, claiming that Duterte had offered monetary rewards to police officers for the killings, ranging from 20,000.00 to 1,000,000.00 Philippine pesos, while also providing additional funding and reimbursement for expenses incurred during the drug war campaign (Panti, 2024).
The arrest of Duterte has been widely recognised as a significant milestone towards achieving accountability and justice. Amnesty International (2025) commended the arrest as a fundamental step towards justice, while the families of victims of the drug war campaign celebrated it as a long-awaited moment of resolution. The United Nations Human Rights Chief, Volker Türk, also expressed significant support, stating that it “is a very important step towards seeking accountability for the thousands of victims of killings and other abuses, as well as their families who have courageously pursued justice” (Office of the High Commissioner for Human Rights, 2025).
The arrest, however, is only one part of the ongoing struggle for justice, as activists and human rights groups continue to push the Philippine government to address these human rights violations (Amnesty International, 2025).
CONCLUSION
The arrest of Duterte by the ICC represents a pivotal moment in the pursuit of accountability for the crimes committed during his war on drugs. While the investigation continues, this case underscores the paramount importance of addressing state-sanctioned violence and ensuring that leaders are held responsible for their actions. As the international community closely monitors the proceedings, the outcome of this case could establish a precedent for how global institutions respond to such widespread human rights violations.
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Rome Statute of the International Criminal Court, (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3 (Rome Statute), art. 7(1)(a).
