How Philippines 'war on drugs' put Duterte in ICC crosshairs
March 11, 2025
Rodrigo Duterte, the pugnacious former president of the Philippines, was arrested at Manila airport on Tuesday under an International Criminal Court (ICC) warrant accusing him of being complicit in crimes against humanity for a yearslong campaign targeting alleged drug dealers.
Thousands of people were killed during the so-called war on drugs, in many cases shot in the streets by unidentified "vigilantes" or by police in what Human Rights Watch (HRW) in 2017 called "death-squad-style extrajudicial executions."
Jasmin Lorch, from the German Institute of Development and Sustainability (IDOS), told DW that the arrest warrant is an "important victory," especially for human rights organizations that have "faced great political and social hostility" in opposing Duterte's policies.
"Duterte was actually very popular during his time in power and still is to some extent today," she said.
"At a time when international law is being undermined and broken in so many places, Duterte's arrest can also send a positive signal that international jurisdiction and international human rights protection still count for something," Lorch added.
Duterte first gained political notoriety as the hard-line mayor of Davao City, a commercial hub on the southern Philippine island of Mindanao, for his heavy-handed policies.
Nicknamed "the punisher," Duterte had warned during his presidential campaign that the Philippines could become a narcostate. He promised to solve the drug problem within six months and vowed to kill tens of thousands of criminals.
"Forget the laws on human rights. If I make it to the presidential palace, I will do just what I did as mayor. You drug pushers, hold-up men, and do-nothings, you better go out. Because I'd kill you," Duterte said.
His election promises resonated with many Filipinos, leading to his victory in the 2016 presidential election with about 39% of the vote, securing a six-year term.
Duterte takes action
Shortly after taking office, Duterte began to fulfill his campaign promises.
Police officers targeted known small-time dealers and addicts, resulting in many deaths. Bodies were found in dark alleys, under bridges, and in dump sites, often branded with cardboard signs warning: "I am a drug addict/pusher. Do not be like me."
In a 2018 interview with DW, a Philippine mortician recounted: "July 1, Duterte assumed office. July 2, it started. We would collect five to seven bodies starting around 2 p.m. all the way until early morning. That wasn't every day, but now, there are maybe three dead a week."
Duterte's war on drugs was indiscriminate, targeting not only cartels and dealers but also addicts.
Instead of providing support through doctors and social workers, he deployed police officers with a "license to kill," as described in a 2017 HRW report. Many human rights organizations criticized Duterte for assuring police impunity, leading to excessive violence.
And it is not clear whether the war on drugs reduced crime.
A 2019 report by Philippine researchers Wenifredo Delmonte Alagabia Jr. und Robino D. Cawi concluded that there was "no significant difference on the crime rates recorded before and during the anti-drug campaign of the government was implemented."
"Therefore, it can be inferred that the drug war cannot be credited as a significant deterrent in decreasing the volume of crimes, in general," the report said.
Duterte targeted media, political opponents
As Philippine news organizations began documenting the drug war killings, Duterte's administration clamped down on the press.
The news site Rappler and its co-founder, Maria Ressa, were particularly targeted. Duterte accused Rappler of spreading fake news and falsely claimed it was fully owned by US interests, violating the constitution.
Smear campaigns on social media attacked Rappler and Ressa, and the Duterte administration attempted to revoke Rappler's license. Despite these efforts, Rappler and Ressa persisted, and Ressa was awarded the Nobel Peace Prize in 2021.
Other critics, such as Senator Leila de Lima, sought to investigate extrajudicial killings in parliament. Duterte's justice secretary, Vitaliano Aguirre, retaliated by opening an investigation against her, with convicted drug lords, former prison officials, and police officers as prime witnesses.
De Lima faced charges of sedition, cyberlibel and obstruction of justice. In 2017, she was imprisoned for alleged drug-related charges and only released in 2023. In 2024, she was acquitted from all criminal charges.
ICC opens an investigation
In February 2018, the ICC prosecutor's office in The Hague, Netherlands, announced a preliminary investigation into extrajudicial deaths in the Philippines, citing a significant increase in unsolved killings during police operations.
Lorch said the ICC's involvement in investigating the killings came after the Philippine judiciary under Duterte held back on doing its own investigations.
"The only way the ICC comes into play at all, because the Court works according to the principle of subsidiarity. This means that it only becomes active when human rights violations are not adequately investigated and punished at national level."
The Philippine government estimates the number of victims of Duterte's 2016-22 drug war at 6,252, while human rights organizations estimate the figure to be much higher, in the range of 12,000 to 30,000 victims.
A month after the ICC's announcement, Duterte withdrew the Philippines from the ICC, effective in March 2019. His successor, President Ferdinand Marcos Jr, did not rejoin the ICC but pledged to execute an arrest warrant if one were issued.
Duterte leaves office defiant
Duterte's presidency ended in June 2022, and he returned to his hometown, Davao City. In 2022, Duterte's daughter, Sara Duterte, became vice president, which was initially seen as a strategic alliance between the Duterte and Marcos families.
The alliance soon deteriorated, leading to political mudslinging over embezzled funds and even accusations of an assassination plot against Marcos, which Duterte has denied.
In November 2024, Duterte appeared before the House of Representatives, which was investigating extrajudicial killings and the war on drugs. He challenged the ICC to expedite its investigation, declaring, "If possible, they can come here and start the investigation tomorrow."
"There are many indications that President Marcos facilitated the arrest of Rodrigo Duterte in order to put pressure on his political dynasty. Midterm elections are due in May. Moreover, according to opinion polls, Sara Duterte, who is still vice president, is so far the most promising candidate for the presidential elections in 2028," Lorch said.
On Tuesday, a Philippine lawyer, Israelito Torreon, told Reuters news agency that a petition had been filed with the Supreme Court on Duterte's behalf, calling for Philippine authorities to stop cooperating with the ICC.
Edited by: Wesley Rahn