Former President Rodrigo Roa Duterte faces on Monday, October 28, 2024, the Senate Blue Ribbon Committee investigating motu proprio the alleged extra-judicial killings during his administration. Senate Public Relations and Information Bureau/File

MANILA — Former President Rodrigo Duterte was arrested Tuesday in the Philippines after the International Criminal Court (ICC) issued an arrest warrant against him, years after The Hague-based tribunal launched its probe into the "drug war" killings.  

What we know about ex-president Rodrigo Duterte's arrest

Groups and lawyers representing the families of extra-judicial killing (EJK) victims said the arrest of Duterte was a significant step in making him and his cohorts accountable for the deadly anti-drug campaign.

LOOK: ICC arrest warrant for Rodrigo Duterte

"Rodrigo Duterte’s arrest is a long-awaited and monumental step for justice for the thousands of victims and survivors of his administration’s ‘war on drugs’, which turned much of the Philippines into a nation of mourning," said Agnes Callamard, secretary general of Amnesty International.

Families of drug war victims, rights groups hail Duterte's arrest

But the road towards what human rights groups described as "legal victory" was not an easy one, with many drug war victims surprised to have witnessed Duterte's arrest in their lifetime.

DUTERTE'S WAR ON DRUGS

Duterte was accused of sanctioning the killing of drug suspects when he was mayor of Davao City.

According to former Sen. Leila de Lima, who led a probe into the "Davao Death Squad" (DDS), Duterte mobilized the vigilante group when he was mayor of the city.

Garma says Duterte tapped 'Davao Model' on killing drug suspects

Duterte allegedly replicated the "Davao model" when he became president of the Philippines from 2016 until 2022. 

Official government data said around 6,000 people were killed in Duterte's "war on drugs." However, rights group believe that up to 30,000 may have been killed, some innocent victims, and that corruption was allegedly rife among security forces that acted with impunity in the name of the drug war.

War on drugs: The unheard stories

With government institutions perceived to be under Duterte's controi, drug war victims with the help of human rights activists sought the help of ICC to investigate the alleged crimes.

WHAT IS THE ICC

The ICC calls itself a "court of last resort," and was very clear about its limits: "[I]t seeks to complement, not replace, national Courts."

How the ICC's PH drug war probe was almost lost on the issue of jurisdiction

According to its website, ICC "investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community," namely:

• Genocide

• War crimes

• Crimes against humanity 

• Crime of aggression

Duterte was being accused of "crimes against humanity," which the ICC defines as "serious violations committed as part of a large-scale attack against any civilian population... such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation."

Catching the world's most wanted: The ICC's impossible task

"Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court."

TIMELINE OF ICC PROBE

• Feb. 8, 2018 - International Criminal Court prosecutor Fatou Bensouda announces the opening of Preliminary Examinations into the situations in the Philippines

• March 17, 2018 - Duterte formally notifies the United Nations that the Philippines was withdrawing from the ICC’s Rome Statute

• March 17, 2019 - Philippines’ withdrawal from the Rome Statute takes effect 

• Sept. 2021 - The ICC pre-trial chamber authorizes the opening of the investigation into the drug war killings

• Nov. 2021 - The Philippines asks the ICC to defer its investigation, claiming local probe into the matter. ICC prosecutor then suspends investigation pending assessment of the request

• June 2022 – ICC prosecutor Karim Khan asks ICC judges for authorization to resume his investigation

• January 26, 2023 - ICC chamber authorizes the court's prosecutor to resume investigation into Philippine situation

• July 2023 - ICC junks Philippine government's appeal and proceeds with its drug war probe

• March 7, 2025 — ICC issues warrant of arrest against Rodrigo Duterte

• March 11, 2025 - Authorities arrest Duterte in the Philippines upon his arrival from Hong Kong

WHAT HAPPENS NEXT

Duterte and his camp are questioning his arrest. 

His lawyer Silvestre Bello even floated the idea of seeking "hospital arrest," citing the medical condition of the former leader.

Human rights groups are urging the Philippine government to immediately send Duterte to The Hague to face trial before the ICC.

Colmenares lists 3 possible places where Duterte may be held

According to lawyer Neri Colmenares, there are 3 possible places where Duterte may be held if he is brought out of the country to face the ICC.

"One pwede siyang makulong sa kustodya ng ICC. Two, pwede sa third party. Or 3, sa The Hague mismo. Either of the 3, nasa poder ng ICC. It will be up to ICC where he will be detained," he said.

According to Kristina Conti, ICC Assistant to Counsel, the arrest of Duterte will finally allow the victims of drug war and Duterte to face off on equal footing. 

"Sa wakas, after 8 years of legal rambling, propaganda, now we are finally at this stage where trial could start. Sa bahagi ng mga bikitma welcome na welcome ito. Walang katumbas ang saya na nararamdaman nila," Conti said. 

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