March 12 ------ Former president Rodrigo Duterte was flown from Villamor Air Base last night to the International Criminal Court (ICC) headquarters in The Hague, the Netherlands, following his arrest on Tuesday. In a statement, Duterte's daughter, Vice President Sara Duterte, denounced the administration for the arrest. "Today, our own government has surrendered a Filipino citizen — even a former president at that — to foreign powers," she said. "Since he was taken this morning, he has not been brought before any competent judicial authority to assert his rights and to allow him to avail of reliefs provided by law. As I write this, he is being forcibly taken to The Hague tonight. This is not justice — this is oppression and persecution."
Duterte's arrest comes after the ICC issued a warrant over allegations of crimes against humanity in connection with his administration's controversial war on drugs. The former president, who served from 2016 to 2022, oversaw a bloody anti-drug campaign that led to thousands of deaths, many of which were alleged to be extrajudicial killings.
In 2018, Duterte withdrew the Philippines from the ICC after the tribunal launched a preliminary investigation into his drug war policies. However, the ICC ruled that it retains jurisdiction over crimes committed while the Philippines was still a member. While Duterte and his allies have repeatedly dismissed the tribunal's authority, recent developments indicate a shift in the state's position, allowing his arrest and extradition to move forward.
Security has been heightened around Duterte's known residences and key government facilities. The Philippine National Police (PNP) and the National Bureau of Investigation (NBI) have reportedly coordinated efforts to ensure a smooth transfer.
Supporters of Duterte have gathered outside his Davao City home, protesting what they claim is a politically motivated prosecution. The 79-year-old faces a charge of "the crime against humanity of murder," according to the ICC, for a crackdown that rights groups estimate killed tens of thousands of mostly poor men, often without proof they were linked to drugs. "Early in the morning, Interpol Manila received the official copy of the warrant of the arrest from the ICC," the presidential palace said in a statement. Police officials said 379 officers were deployed at the Ninoy Aquino International Airport to ensure "a peaceful and orderly process" in the application of the arrest warrant. "As of now, he is under the custody of authorities."
The statement added that "the former president and his group are in good health and are being checked by government doctors." But Duterte demanded to know the basis of his arrest in a video posted to his youngest daughter Veronica's Instagram account following his detention. "So what is the law and what is the crime that I committed? Show to me now the legal basis of my being here," he said in the video. "I was brought here not of my own volition but somebody else's... you have to answer now for the deprivation of liberty." While no location was given for the video, a photo released by his political party said he was being held at the Villamor Air Base. Unconfirmed reports suggested he would then board a chartered aircraft that would take him to The Hague.
Duterte's former chief legal counsel, Salvador Panelo, called the arrest "unlawful." "The [Philippine National Police] didn't allow one of his lawyers to meet him at the airport and to question the legal basis for PRRD's arrest," he said, adding a hard copy of the ICC warrant had not been provided.
Duterte's former executive secretary, Salvador Medialdea, condemned the lack of due process. "Did you know that he wasn't properly served on the charges? He doesn't know what are the charges against him, they were just in the newspapers," Medialdea said in Filipino. But lawyer Krisinta Conti, assistant to counsel at the ICC, said the arrest warrant against Duterte was subject to the ICC's strict confidentiality protocols. She pointed out that unlike domestic courts that publicly announce warrants, the ICC often keeps them sealed to prevent suspects from evading capture. "All events during the investigation are kept secret," Conti said, noting that publicizing an arrest warrant too early could allow high-profile individuals to flee or obstruct justice.
Standard process
She added that an individual wanted by the court must be detained and immediately flown to The Hague, where formal proceedings begin. The standard process begins with the arrest and detention of the suspect by law enforcement in the country where they are located. Authorities then notify the ICC and coordinate the logistics of the transfer. Once arrangements are finalized, secure international transport is organized to bring the suspect to ICC headquarters.
Upon arrival, the suspect makes an initial court appearance, during which the charges are formally read. The next step is the confirmation of charges, where the court evaluates whether there is sufficient evidence to proceed to trial. If confirmed, the full trial begins, culminating in a verdict and potential sentencing. Conti emphasized that once an ICC warrant is issued, it must be enforced without delay. "[The subject of the arrest warrant] should be turned over to The Hague so that a formal and public trial can begin there," she said in an interview on Tuesday. This approach, Conti said, ensures that suspects do not manipulate legal loopholes or use political influence to avoid accountability.
Lawyers for the former president said they plan to file a writ of habeas corpus before the Supreme Court over what they deemed as an "illegal arrest." In a telephone interview with The Manila Times, Duterte counsel and former Labor secretary Silvestre Bello III said they plan to file a writ of habeas corpus at the Supreme Court and question the legality of the ICC arrest warrant. Bello also complained that he was not allowed to accompany Duterte to Villamor Airbase, and said any move to fly him out of the country to The Hague would be illegal.
Chief Presidential Legal Counsel Juan Ponce Enrile, meanwhile, said local laws had nothing to do with Duterte's legal problems. "The current legal problem of former President Rodrigo R. Duterte is not caused by Philippine laws. His legal problem is caused by laws enforceable by the International Criminal Court (ICC)," Enrile said in a social media post. Enrile said it was "not correct to blame" the Philippine government for the current legal problem of the former president. "His lawyers should endeavor to secure a copy of the ICC charges against him so that they will know why he was ordered to be arrested by the ICC," Enrile said.
Jubilant reactions
Reactions from those who opposed the drug war, however, were jubilant. One group that worked to support mothers of those killed in the crackdown called the arrest a "very welcome development." "The mothers whose husbands and children were killed because of the drug war are very happy because they have been waiting for this for a very long time," Rubilyn Litao, coordinator for Rise Up for Life and for Rights, said. "Now that Duterte has been arrested, (President) Ferdinand Marcos Jr. should make sure that he is actually delivered to the ICC for detention and trial," said the rights alliance Karapatan, calling the arrest "long overdue."
Human Rights Watch also called on the government to "swiftly surrender [Duterte] to the ICC," saying the arrest was a "critical step for accountability in the Philippines." Catholic bishops expressed hope that Duterte's arrest would be a significant step toward accountability. "True justice... is about accountability, transparency, and the protection of human dignity," said Kidapawan Bishop Jose Colin Bagaforo. Bagaforo, who also serves as president of Caritas Philippines, emphasized that Duterte's arrest is a crucial move toward justice for the thousands killed in his controversial drug war. "For years, former president Duterte has claimed that he is ready to face the consequences of his actions. Now is the time for him to prove it," he added.
In Cebu, Jaime Paglinawan, leader of Bayan Central Visayas, described the arrest as a "first victory" in the fight for accountability. "This happened because of years of struggle to seek justice for the thousands of victims of the so-called war on drugs," he told The Manila Times. Gubernatorial candidate Pamela Baricuatro, on the other hand, said it was "a sad day for the Philippines." "Duterte supporters have been calling me and crying. Let us pray for PRRD," she texted The Manila Times.
A winding path
Duterte's Tuesday morning arrest at Manila's international airport followed a brief trip to Hong Kong. Speaking to thousands of overseas Filipino workers there Sunday, the former president decried the investigation, labelling ICC investigators "sons of whores" while saying he would "accept it" if an arrest were to be his fate. The Philippines quit the ICC in 2019 on Duterte's instructions, but the tribunal maintained it had jurisdiction over killings before the pullout, as well as killings in the southern city of Davao when Duterte was mayor, years before he became president.
Source: manilatimes.net
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