ARRESTED Mar. 11, 2025, at the Ninoy Aquino International Airport Terminal 3, former president Rodrigo Duterte has since then been in the custody of the authorities following the arrest warrant from the International Criminal Court (ICC) on the alleged crimes against humanity during his administration’s extrajudicial killings (EJK) in the war on drugs campaign. Here’s everything you need to know leading up to his pre-trial.

Nine-Year Brutality

     News of the arrest had been in the air for quite a while now as ICC had opened its preliminary examination into the “mass murder” allegations in early 2018, almost a year after documents and communications surrounding the EJK situation in the country. The cry for justice has echoed throughout the years since the killings, and the warrant of arrest seeks to investigate Duterte during the 11 years of his regime, both as mayor of Davao from 2011 to 2016, and president of the Philippines from 2016 to 2019. The tallied drug war killings, according to the Philippine Drug Enforcement Agency (PDEA), claimed the lives of a recorded 6,215 men, women, & children in police-related operations and collateral. 

     Notable cases included 17-Year old Senior high school student, Kian Delos Santos, who was shot multiple times in the head by police in plainclothes at Brgy. 160, Caloocan City over police accusations of being a drug runner. Another such case was of 3-Year old Myca Ulpina, who died of gunshot wounds during the police raid of her father, Renato Dolofrina. Ulpina was the youngest casualty recorded in the anti-drug campaign.

Withdrawal & Probing

     The probing started in early 2016 as the ICC caught news of  the alleged crimes against humanity under the Duterte administration. In Mar. 2018, Duterte stated that the “baseless, unprecedented, and outrageous attacks” against the former president had prompted him to announce the country’s withdrawal from the ICC. Although “effective immediately” as stated by Duterte, according to the Article 127-1 of the Rome Statute, this withdrawal would be in effect come one year later. Sept. 2021 marked the official opening of the investigation of the ICC. The probe encompassed the mentioned nine years of Duterte’s anti-drug campaign up until the day before the Philippines’ withdrawal from the ICC, Mar. 17, 2019. 

     Despite the withdrawal, Article 127-2 of the Rome Statute notes that “...Its [the State’s] withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective,...” which would mean that the Philippines is still obligated to cooperate with the ICC with any and all investigations that took place prior, hence the scope of the probe would only cover from Nov. 1, 2011 to Mar. 16, 2019, the day before the withdrawal.

“Long Overdue Accountability”

     The Marcos Jr. administration had changed its thoughts regarding the investigations over time. After multiple back-and-forths between the Philippine government and the Appeals Chamber of the ICC about the suspension of the probe into Duterte, it ended with Malacañang’s cooperation with the ICCs’ arrest of the former president. 

Familiar Faces Resurface

     Multiple influential figures, specifically allies of Duterte, had voiced their outrage towards the arrest. Former Presidential Spokesman Harry Roque, after months of evading arrest from his pending case in the Philippines, appeared to the media to speak about the issue. “Wala pong bisa ang warrant of arrest na ‘yan dahil ang warrant of arrest na ‘yan ay inissue nang hindi na tayo miyembro ng ICC.” And then added “Unlawful detention na po ang nangyayari ngayon..”. He was later seen this past week at the ICC with Vice President Sara Duterte, and Senator Robin Padilla.

     Another former member of Duterte’s cabinet, then-chief presidential legal counsel, Salvador Panelo, filed a petition for writ of habeas corpus to the Supreme Court alongside his son, Salvador Paolo Panelo Jr. last Mar. 12, 2025. This petition was filed on behalf of the former president’s youngest daughter, Veronica “Kitty” Duterte. Panelo also believes that the arrest is unjust and illegal, saying “Any government action that will help in the arrest of former president Duterte, violates the constitution.” and later on added that the ICCs “lack of jurisdiction” over the Philippines does not warrant them, nor the Interpol, to arrest Duterte.

Where We Are Now

     Mar. 14 marked the first appearance of former president Duterte before Pre-Trial Chamber I of the ICC, his appearance in the hearing was done via live video from the ICC Detention Centre. After confirming and verifying the identity of the defendant, he was read the allegations of the crimes he had committed and his rights under the Rome Statute of the ICC. The Chamber initially scheduled Duterte’s charges hearing on Sept. 23, 2025. This would be necessary as it is the next step of the process; to gauge if there is sufficient evidence that would make the grounds to believe the accused would be indeed the suspect of the crimes they have committed.

     Although 6,215 victims were the recorded number of casualties from the PDEA, the Supreme Court, Department of Justice, and other legal assistance and human rights organizations had tallied an additional 30,000 bodies who were victims of vigilante-like, extra-judicial killings. As of writing this article on Mar. 17, Harry Roque has just formally announced his application for asylum in the Netherlands in an attempt to join the legal team defending former president Duterte.