Documents For Position Paper
Documents For Position Paper
Position: Former President Rodrigo Duterte Should Not Be Arrested on ICC Warrant
The arrest of former Philippine President Rodrigo Duterte on a warrant from the
International Criminal Court (ICC) has created national and international controversy. The
charges were brought against him for his notorious "war on drugs," which resulted in thousands
of fatalities. Although accountability and justice are indispensable in any democratic country, the
arrest of Duterte by the ICC erodes national sovereignty, overlooks the nuances of his war on
drugs, and can provide a bad precedent for foreign interference in local affairs.
The Philippines is an independent country with its own legal system, police, and
democratic institutions. The ICC intervention in Duterte's case overlooks the Philippine
government's right to manage its own affairs. The Philippines withdrew from the ICC in 2019, so
the court no longer has jurisdiction over domestic affairs. Arresting Duterte on an ICC warrant
overlooks this move and erodes the Philippines' sovereignty in managing its internal affairs.
Duterte's government initiated the anti-drug campaign to counter the entrenched issue of illegal
drugs in the Philippines. The campaign, though contentious, was widely endorsed by Filipinos
who perceived it as a necessary response to fight crime and enhance public security. Although
allegations of human rights violations must be probed, Duterte's policies were enacted as a
response to a national crisis. His detention does not recognize the delicacy of the case and the
larger undertakings done by his government to provide peace and order. Granting the ICC the
authority to arrest a former president of a sovereign state sets the stage for excessive foreign
interference in the affairs of nations. If the ICC can prosecute Duterte even after the Philippines
has withdrawn from the court, it can create a perilous precedent under which international
organizations can sidestep national judicial systems to target political figures. This undermines
the sovereignty of developing countries and diminishes their capacity to govern independently.
Instead of arresting Duterte, there should be a fair and open-ended domestic inquiry
addressing issues on the drug war. If there was abuse, it should be left to Philippine institutions
and courts, not an international tribunal. Improving the local justice system and providing due
process would be a better and more fitting method of resolving human rights issues while
maintaining national sovereignty. It is an affront to Philippine sovereignty to arrest ex-President
Rodrigo Duterte on an ICC warrant, dismisses the historical context of his government's anti-
drug campaign, and establishes a dangerous precedent for foreign intervention. Justice and
accountability should be sought, but they should be pursued within the context of the nation's
own political and legal system. The Philippines needs to stand on its own and preserve its
capacity to address national problems without foreign interference.