Rodrigo Duterte and the ICC Investigation: A Deep Dive into the Former Philippine President’s Controversial Legacy

Rodrigo Duterte, the 16th President of the Philippines, served from 2016 to 2022. A former mayor of Davao City, Duterte gained international notoriety for his aggressive and often violent approach to crime, particularly in his so-called "war on drugs." While his administration received support from certain sectors of Filipino society, it also faced widespread criticism from human rights organizations and international bodies. One of the most significant repercussions of his presidency has been an ongoing investigation by the International Criminal Court (ICC) into allegations of crimes against humanity committed under his leadership.

This essay will explore the factors that led to the ICC’s scrutiny of Duterte, the timeline and continuation of the investigation, the demands of the ICC, and the varied responses of the Filipino people and international observers.

Duterte launched an aggressive anti-drug campaign immediately after assuming office in June 2016. His administration aimed to eradicate illegal drugs, which he claimed were causing widespread social problems in the Philippines. To achieve this goal, Duterte encouraged law enforcement agencies to take a hardline approach, leading to thousands of extrajudicial killings. According to estimates from human rights organizations and independent monitoring groups, over 27,000 individuals may have died in police operations, vigilante killings, and other drug-related violence during his tenure.

The Philippine government maintained that those killed were either resisting arrest or involved in violent criminal activities. However, many reports suggest that numerous victims were innocent civilians or small-time drug users, rather than major traffickers. This systematic and widespread targeting of individuals led to accusations that Duterte and his administration were responsible for crimes against humanity.

In 2018, the ICC launched a preliminary examination into allegations that Duterte’s war on drugs involved widespread extrajudicial killings amounting to crimes against humanity. In response, Duterte withdrew the Philippines from the Rome Statute, the treaty that established the ICC, making it the first country to do so in the court’s history. However, the ICC maintained that it still had jurisdiction over crimes committed while the Philippines was a member of the treaty.

Despite Duterte’s withdrawal from the Rome Statute in 2019, the ICC continued its examination, citing that jurisdiction was still applicable to crimes committed while the Philippines was a signatory. In 2021, the ICC’s Pre-Trial Chamber authorized a full investigation into Duterte’s war on drugs, prompting the Philippine government to assert its sovereignty and reject the court’s authority.

Initially, the ICC temporarily suspended the investigation in early 2022 after the Philippine government claimed it was conducting its own review of the alleged human rights abuses. However, after assessing the situation, the ICC determined that the domestic investigations were insufficient and resumed its full inquiry in early 2023.

The continuation of the investigation has led to renewed debates on Duterte’s accountability and the Philippine government’s willingness (or unwillingness) to cooperate with international judicial mechanisms. Current President Ferdinand Marcos Jr. has distanced himself from Duterte’s policies but has also expressed reluctance to fully engage with the ICC.

The ICC is primarily seeking to establish whether Duterte and his administration were responsible for systematic human rights violations and, if so, whether they should face legal consequences. If found guilty, Duterte could face charges of crimes against humanity, including murder, persecution, and other inhumane acts.

The court has requested full cooperation from the Philippine government, including allowing investigators access to records, law enforcement data, and witness testimonies. However, the government has so far resisted these demands, arguing that the ICC has no jurisdiction over the country. Duterte himself has repeatedly denied the allegations and stated that he will not submit to the ICC’s authority.

The Filipino public remains deeply divided over the ICC’s involvement. Many of Duterte’s supporters see him as a strong leader who took bold action against crime and drug-related issues. They argue that the war on drugs was necessary to restore law and order, and they view the ICC’s investigation as foreign interference in the country’s internal affairs.

On the other hand, human rights advocates, victims’ families, and international organizations continue to push for justice, emphasizing the need for accountability for the thousands of deaths. They argue that the Philippine justice system has failed to prosecute those responsible for extrajudicial killings, making international intervention necessary.

Surveys and public opinion polls indicate that while Duterte remains popular among certain demographics, growing awareness of human rights abuses has led to increasing support for holding him accountable. The debate is further fueled by the stance of the current administration, which seeks to balance diplomatic relations while avoiding direct confrontation with either the ICC or Duterte’s strong political base.

The ICC’s investigation into Duterte has sparked significant international interest, particularly from human rights organizations, the United Nations, and foreign governments. The European Union and the United States have expressed concern over the human rights situation in the Philippines, with some countries imposing restrictions on aid and trade agreements in response to the killings.

However, Duterte’s administration enjoyed strong alliances with China and Russia, both of which have historically opposed ICC interventions. These geopolitical dynamics have played a role in shaping the response to the investigation, with some international actors pushing for accountability while others continue to support the Philippines' stance against the ICC.

The ICC’s investigation into Rodrigo Duterte’s war on drugs remains a contentious and evolving issue. While his administration claimed that the campaign was necessary to combat crime and drug abuse, human rights organizations and international bodies argue that it led to widespread abuses and violations of fundamental rights.

As the ICC continues its inquiry, the question of Duterte’s accountability remains unresolved. Whether he will face trial or escape international prosecution depends on multiple factors, including the cooperation of the Philippine government, the stance of the international community, and the evolving political landscape in the country.

For many Filipinos, the investigation represents more than just a legal battle;it is a test of the nation’s commitment to justice, human rights, and the rule of law. Whether Duterte’s legacy will be remembered as that of a tough crime-fighter or a violator of human rights is a debate that will continue for years to come.

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As of March 28, 2025, former Philippine President Rodrigo Duterte is detained at the International Criminal Court (ICC) Detention Centre in Scheveningen, The Hague, Netherlands. He was arrested on March 11, 2025, by Philippine authorities in compliance with an ICC arrest warrant for charges of murder as a crime against humanity. Following his arrest, Duterte was transported to The Hague, arriving on March 12, 2025.

Duterte marked his 80th birthday in detention, with family members, including his daughter, Philippine Vice President Sara Duterte, visiting him. His arrest has sparked protests and debates within the Philippines regarding sovereignty and the ICC's jurisdiction.

A pretrial hearing is scheduled for September 23 to determine if there is sufficient evidence to proceed with a trial. If convicted, Duterte could face life imprisonment.