The Hague: The International Criminal Court where detained former Philippine President Rodrigo Duterte will face justice after his arrest in the Philippines is a court of last resort for the most serious international offences, such as genocide and crimes against humanity. The 79-year-old former president has become the first former Asian leader to be arrested by the global court. Duterte arrived on Wednesday in the Netherlands after his arrest the previous morning on an ICC warrant accusing him of crimes against humanity over deadly anti-drug crackdowns he oversaw while in office.
Supporters of Duterte argue that the court does not have jurisdiction to put the former president on trial, in part because Duterte withdrew the Philippines from the court in 2019. But judges who issued his arrest warrant say that the alleged crimes he is charged with happened before that withdrawal, meaning the court has jurisdiction.
What is the International Criminal Court? The ICC handles allegations of war crimes, crimes against humanity, genocide and aggression, and takes on cases when nations are unable or unwilling to prosecute crimes on their territory. The court’s newest member, Ukraine, formally joined in January, bringing the number of member states to 125. Major powers — the United States, Russia and China — are among nations that are not members.
The ICC, which has a budget this year of more than 195 million euros (USD 213 million), does not have a police force and has to rely on the cooperation of states to arrest suspects. Judges at the court have issued 60 arrest warrants and convicted 11 people. Congolese warlord Thomas Lubanga was the first, sentenced in 2012 to 14 years in prison for conscripting child soldiers.
In 2021, the court convicted Ugandan commander Dominic Ongwen of dozens of war crimes and crimes against humanity, including multiple killings and forced marriages in Uganda. Ongwen was a one-time child soldier who morphed into a brutal commander of a notorious rebel group known as the Lord’s Resistance Army.
Three verdicts are pending. Former Central African Republic soccer federation president Patrice-Edouard Ngaïssona and Alfred Yekatom, alleged leaders of a predominantly Christian rebel group in the Central African Republic, are accused of multiple counts of war crimes and crimes against humanity. The trial of Ali Mohammed Ali Abdul Rahman Ali, who is accused of committing atrocities as the leader of the Janjaweed militia in Sudan, wrapped up last year.
The ICC’s detention centre
The court’s detention centre is housed behind the high brick walls of a Dutch prison complex in The Hague seaside suburb of Scheveningen, about a mile (1.5 kilometres) from the court’s headquarters. Detainees have access to books, television and news, as well as a gym and sports facilities. They also can use a computer to work on their defence case and get computer training, if they need it. The court also arranges for family members to visit people in its custody.
Photos on the ICC website show a communal area with a foosball table, kitchen facilities, a table and chairs. The centre also has a small medical facility. Each cell contains a bed, desk, cupboard, toilet, hand basin, television and an intercom system to contact guards when the door is locked. If Duterte goes to trial and is convicted, he would not serve his sentence in The Hague but be transferred to a prison in another country.
The detention centre currently houses five other suspects; Mahamat Said Abdel Kani, Yekatom, and Ngaïssona from the Central African Republic, Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud from Mali and Abdul Rahman from Sudan.
Suspects not in ICC custody
The ICC has issued arrest warrants for dozens of suspects since it was established in 2002. Among them are Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.
The court issued a warrant for Putin two years ago, accusing him of personal responsibility for the abductions of children from Ukraine. He has rejected the accusations.
In November, the court’s judges issued warrants for Netanyahu, his former defence minister and Hamas’ military chief, accusing them of crimes against humanity in connection with the war in Gaza. Netanyahu condemned the warrant against him, saying Israel “rejects with disgust the absurd and false actions” by the court. The case against the Hamas military leader has been terminated because he is believed to have been killed.
Other suspects wanted by the ICC include former Sudanese President Omar al-Bashir and Joseph Kony, leader of the shadowy Ugandan militia Lord’s Resistance Army.
