Former Philippine President Rodrigo Duterte was arrested at Manila’s Ninoy Aquino Worldwide Airport on Tuesday, upon his return from Hong Kong.
This arrest stems from a warrant issued by the Worldwide Prison Court docket (ICC), accusing Duterte of crimes in opposition to humanity associated to his aggressive anti-drug marketing campaign throughout his presidency.
Duterte’s tenure from 2016 to 2022 was characterised by a relentless battle on medicine known as “OPLAN Tokhang,” an anti-drug operation involving home visits to steer suspected drug customers and pushers to give up. A marketing campaign important to ridding the nation of the scourge of narcotics.
Human rights teams have recorded roughly 1,400 suspicious killings in Davao throughout the 22 years Rodrigo Duterte served as mayor.
Moreover, over 6,200 people have been allegedly killed in police operations underneath his anti-drug marketing campaign, which stays underneath investigation by the Worldwide Prison Court docket.
Regardless of worldwide criticism, Duterte remained steadfast, asserting that his actions have been obligatory to make sure the security and safety of the Filipino folks.
By October 2016, roughly 732,000 people had surrendered to authorities, overwhelming the administration and prompting the development of extra rehabilitation facilities. By March 2022, the variety of surrenders had exceeded a million.
The Worldwide Prison Court docket (ICC) initiated a preliminary examination into former Philippine President Rodrigo Duterte’s anti-drug marketing campaign in early 2018, specializing in alleged crimes in opposition to humanity.
In response, Duterte introduced the Philippines’ withdrawal from the ICC in March 2018, which took impact on March 17, 2019.
Regardless of the withdrawal, the ICC maintained jurisdiction over crimes dedicated whereas the Philippines was a member, particularly between November 1, 2011, and March 16, 2019.
On September 15, 2021, the ICC approved a proper investigation into the alleged crimes throughout Duterte’s tenure.
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Previous to his arrest, Duterte had traveled to Hong Kong, the place he addressed a gathering of Filipino expatriates.
Throughout his speech, he acknowledged the opportunity of an ICC arrest warrant however remained defiant, asserting that his actions have been within the nation’s greatest curiosity.
“Even should you kill me now, it doesn’t scare me a bit. I received’t be grateful, however I’ll simply be comfortable to lastly relaxation. In the event that they wish to arrest me, I’ll go to them. I don’t play hide-and-seek like that. I used to be a president, so who would I disguise from? The police? The military? Who? The ICC? I’ve been ready for that for a very long time. Crimes in opposition to humanity? Even those that have been killed by Hitler, add them to the checklist, or the unsolved massacres world wide—cost them to me as a result of this is only one hell anyway,” Duterte mentioned.
Extra from GMA News:
In a separate assertion, former presidential authorized counsel Atty. Salvador Panelo branded the arrest as illegal.
“It’s illegal arrest. The PNP didn’t enable one in every of his attorneys to satisfy him on the airport and to query the authorized foundation for PRRD’s arrest,” Panelo mentioned.
“He was disadvantaged of authorized illustration on the time of his arrest,” Panelo added. “The PNP couldn’t have a tough copy of the warrant arrest.”
He identified that by not permitting one in every of Duterte’s attorneys to satisfy him, the arresting [officer] might keep away from being requested if they’ve the exhausting copy of the arrest warrant.
“It’s an unlawful arrest as a result of the ICC arrest warrant comes from a spurious supply, the ICC, which has no jurisdiction over the Philippines,” Panelo mentioned.
The previous Duterte spokesman additionally mentioned this authorities motion would make the arresting crew in addition to the general public officers ordering the arrest criminally liable.
Understanding the ICC Arrest Process
The ICC, established underneath the Rome Statute in 2002, is the world’s first everlasting worldwide court docket tasked with prosecuting people for genocide, crimes in opposition to humanity, battle crimes, and crimes of aggression.
Arrest and Switch to ICC Custody
As soon as a suspect is arrested underneath an ICC warrant, the person is transferred to the ICC’s detention heart in The Hague, Netherlands. The ICC depends on member states to execute arrest warrants and facilitate the switch of suspects to its custody.
Preliminary Proceedings Earlier than the Court docket
Upon arrival on the ICC detention heart, the suspect undergoes preliminary proceedings earlier than the Pre-Trial Chamber. This consists of an preliminary look listening to the place the costs are learn, and the suspect’s rights are defined. The Chamber additionally addresses points associated to the suspect’s authorized illustration and detention circumstances.
Affirmation of Expenses
Following the preliminary look, the Pre-Trial Chamber holds a affirmation of fees listening to. Throughout this part, the prosecution presents proof to ascertain substantial grounds to imagine that the suspect dedicated the alleged crimes. The protection can problem the proof and current its personal. If the costs are confirmed, the case proceeds to trial; if not, the suspect could also be launched.
Trial Proceedings
At trial, the prosecution and protection current their circumstances earlier than the Trial Chamber. The prosecution should show the suspect’s guilt past an affordable doubt. The protection can cross-examine witnesses and current proof. Victims may additionally take part within the proceedings. The judges then deliberate and subject a verdict.
Potential Outcomes
If discovered responsible, the suspect could also be sentenced to imprisonment, with the size relying on the gravity of the crimes. The ICC doesn’t impose the loss of life penalty. Convicted people serve their sentences in nations which have agreements with the ICC. If acquitted, the person is launched instantly.
In current developments, the ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Protection Minister Yoav Gallant, alleging felony duty for battle crimes and crimes in opposition to humanity dedicated within the Gaza Strip since October 2023.
