‘181 items’: ICC prosecutor’s body of evidence vs Duterte

ICC prosecutor Karim Khan —Photos by Marianne Bermudez, ICC screengrab

Pulished March 27, 2025

The International Criminal Court (ICC) prosecutor has submitted 181 items of evidence against former Philippine President Rodrigo Duterte, which were used in the arrest warrant for his alleged involvement in crimes against humanity. The evidence relates to Duterte’s role as an “indirect co-perpetrator” in the deaths during his anti-drug campaign. While charges of torture and rape were initially dropped due to insufficient evidence, they may be revived if more information emerges. Legal experts argue that Duterte may face difficulty countering the strong evidence against him. Additionally, the case’s outcome depends on whether the charges are confirmed by the court, with opportunities for appeals by both the prosecution and defense.

 

IMPLICATIONS

The implications of the ICC’s body of evidence against Duterte are far-reaching, both legally and politically.

1. Legal Implications:

   • Accountability for Human Rights Violations: If the ICC charges are confirmed and Duterte is convicted, it would mark a significant step toward accountability for the human rights violations during his “War on Drugs.” This could set a precedent for holding heads of state accountable for crimes against humanity.

   • International Legal Precedent: The case reinforces the ICC’s role in addressing crimes committed by powerful political leaders, even when they are no longer in office. It highlights the international community’s willingness to hold individuals accountable regardless of their political status.

   • Potential Legal Consequences for Other Leaders: A conviction of Duterte could embolden legal action against other leaders accused of similar crimes, creating broader international pressure for justice in cases of systemic abuse.

Composite photo shows the flag of the International Criminal Court and former President Rodrigo Duterte after he was arrested on Tuesday, March 11, 2025.

1. Political Implications:

   • Impact on Duterte’s Legacy: A conviction or indictment from the ICC could tarnish Duterte’s legacy, potentially casting doubt on his claims of eradicating drug crime and undermining his political narrative of being a tough, decisive leader

   • Political Tensions in the Philippines: The case could deepen political divides in the Philippines. Duterte’s supporters may view the ICC proceedings as politically motivated, intensifying local opposition to international involvement in domestic matters. This could affect domestic policies and the political climate.

   • Diplomatic Consequences for the Philippines: Duterte’s case could affect the Philippines’ relationship with the ICC and its allies. While the Philippine government has previously withdrawn from the court, the international community may pressure the current leadership to comply with ICC rulings, straining relations with countries that strongly support human rights.

2. Implications for the ICC:

   • Strengthening the ICC’s Authority: If the ICC successfully pursues a case against Duterte, it may enhance the court’s reputation and credibility in its ability to pursue cases against powerful figures. This could lead to more countries cooperating with the ICC.

   • Challenges to ICC’s Jurisdiction: The case also raises questions about the scope of the ICC’s jurisdiction, particularly in cases where a country withdraws from the court. It tests the limits of the ICC’s ability to enforce justice beyond national borders.

 

OVERALL TAKEAWAY

The ICC’s body of evidence against former President Duterte is that the case highlights the international community’s commitment to holding leaders accountable for human rights violations, regardless of their political power or status. It underscores the growing influence of the ICC in addressing crimes against humanity and sets a potential precedent for future cases against powerful figures. Politically, it could have significant repercussions for Duterte’s legacy, Philippine politics, and the country’s relationship with the ICC. While the legal proceedings are still ongoing, the case serves as a reminder of the importance of justice and accountability on the global stage.

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SOURCES: INQUIRER.NET – ‘181 items’: ICC prosecutor’s body of evidence vs Duterte

PHILSTAR – ICC prosecutor to present more evidence vs Duterte

ABS-CBN NEWS – Prosecutors send first set of evidence to Duterte defense

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