Irene Isabelle J.
Ablog AAA BSAC RPHIST1 11/19/2024
Case Analysis: Rodrigo Duterte and the ICC Investigation
Background
Former Philippine President Rodrigo Duterte is facing an ongoing investigation by the
International Criminal Court (ICC) regarding his administration's controversial "war on
drugs," which allegedly led to thousands of extrajudicial killings. Critics argue that the
campaign systematically violated human rights, while Duterte and his allies have
repeatedly dismissed the ICC’s jurisdiction, asserting that the Philippines withdrew from
the ICC in 2018.
In response to the ICC probe, Duterte has made strategic political moves, including a
potential bid for the Senate in 2025. Analysts speculate that this could be an attempt to
secure political protection against ICC prosecution, as sitting senators might be shielded
from extradition or international prosecution due to political immunity.
Key Issues
While Duterte's administration formally withdrew from the ICC, the court argues it
retains jurisdiction over crimes committed while the Philippines was a member (prior to
2018). Duterte’s team disputes this claim, emphasizing that the withdrawal nullifies ICC
authority.
Duterte’s Senate candidacy and the inclusion of his sons in the 2025 elections could
bolster the Duterte family's influence in Philippine politics, potentially complicating the
Marcos administration’s policy agenda. Victory in the Senate would likely provide Duterte
with a platform to counter investigations and exert pressure on political rivals.
Duterte’s actions have faced mixed reactions. Some Filipinos demand accountabilities for
alleged human rights abuses, while others continue to support him, citing his tough
stance on crime. The political fallout from this case could reshape alliances within
Philippine politics.
Recommendations
Philippine authorities must prioritize transparency in investigating allegations related to
the war on drugs to ensure accountability and restore public confidence. By establishing
independent oversight bodies, publishing investigation results, and engaging human
rights organizations, the government can demonstrate a commitment to justice and
reduce reliance on external scrutiny. Strengthening local judicial systems through
reforms, enhanced training, and technological improvements can build a robust
framework for addressing abuses and mitigate the need for international interventions.
Diplomatic engagement with the International Criminal Court (ICC) is also essential to
address jurisdictional conflicts while protecting national sovereignty. Limited
cooperation, such as providing access to relevant data, can ease international pressure
without compromising the Philippines' legal autonomy. Additionally, public awareness
campaigns on human rights and legal processes can foster informed civic participation,
empowering citizens to demand justice and hold institutions accountable. These
measures collectively enhance democratic governance, protect national interests, and
ensure that justice is upheld on both domestic and international fronts.
Conclusion
The Duterte-ICC case highlights the tension between national sovereignty and
international accountability. As political dynamics evolve, the outcome will significantly
influence the Philippines' democratic institutions and its position on global human rights
standards.
REFERENCES:
[Philstar] ( https://www.philstar.com ) and [ABS-CBN News] (https://news.abs-cbn.com)
https://news.abs-cbn.com/news /2024/11/18/ilang-kongresista-nag-ambag-para-sa-
pabuya-sa-makapagtuturo-kay-mary-grace-piattos-2035
