President Ferdinand Marcos Jr. of the Philippines has stated his government will not prevent the International Criminal Court (ICC) from investigating his predecessor, Rodrigo Duterte, for his lethal anti-drug campaign if Duterte is open to such scrutiny.
Marcos’s comments came in response to Duterte’s refusal to apologize for his role in the violent drug war during a recent congressional hearing. Duterte even challenged the ICC to expedite their investigation, expressing his readiness to face it as soon as the next day.
Despite the Philippine administration’s long-standing refusal to cooperate with ICC investigators, Marcos assured that if Duterte voluntarily surrenders to the court, the government will not obstruct their path. However, he stressed that Duterte’s decision to undergo the investigation is entirely his own.
Marcos’s office later clarified that although they will not collaborate with the ICC, they would feel compelled to arrest Duterte if they receive a formal “red notice” from Interpol on behalf of the ICC, requesting his arrest.
Duterte’s brutal anti-drug crusade, which began as soon as he took office in mid-2016, mirrored the hard-line approach he used as the mayor of Davao City. The campaign has allegedly led to the death of between 12,000 to 30,000 individuals, predominantly young men in densely populated urban areas. However, innocent bystanders including children have also tragically been caught in the crossfire.
This campaign drew the attention of the ICC, which initiated a preliminary probe into the drug war killings in 2019. This prompted Duterte to withdraw the Philippines from the Rome Statute, which established the ICC. However, in September 2021, the ICC authorized an investigation into Duterte’s campaign, describing it as a systematic attack against civilians.
The investigation covers acts such as killings that occurred between July 1, 2016, when Duterte took office, and March 16, 2019, when Duterte withdrew the Philippines from the ICC. It also includes extrajudicial killings allegedly committed during Duterte’s tenure as mayor of Davao City from November 2011 to June 2016.
Duterte recently appeared before a House of Representatives committee formed to scrutinize his drug war. He reiterated his stance on his unapologetic approach towards illegal drugs, claiming he acted in the best interest of his country and its youth.
The examination of the drug war has intensified due to the ongoing feud between Duterte and the Marcos factions, which scored a landslide victory in the 2022 elections. The two groups have fallen out over policy and personal differences, and the House Committee was explicitly set up by Marcos’ allies to pressure the former leader.
The seriousness of Duterte’s remarks regarding the ICC investigation remains unclear due to his history of erratic outbursts. However, the potential ICC investigation could serve as a significant factor in the ongoing rift between the Duterte and Marcos families. According to Carlos Conde, a senior researcher for the rights group Human Rights Watch, allowing Duterte to pave the way for ICC intervention could paint the Marcos administration in a less harsh light.
