Manila: Human rights lawyer Dino de Leon on Tuesday described the arrest of former president Rodrigo Duterte by the International Criminal Court (ICC) as a "long overdue" step in holding him accountable for his war on illegal drugs. In an interview at the Bagong Pilipinas Ngayon program, De Leon, an alumnus of The Hague Academy of International Law and Georgetown University Law Center, said Duterte's arrest will give him a chance to defend himself.
According to Philippines News Agency, De Leon emphasized that the ICC provides the proper venue for Duterte to justify his actions. He mentioned that if Duterte's supporters believe his actions were justifiable, the ICC would allow them to present their defense effectively. De Leon insisted that the deaths linked to the drug war must be addressed before the ICC to determine whether the killings were organized and widespread.
Amid criticism from Duterte's supporters, De Leon defended the arrest by citing Section 17 of Republic Act No. 9851, which allows the government to surrender individuals wanted by an international court. He explained that under the principle of complementarity, the ICC has jurisdiction when a state is "unable or unwilling" to prosecute perpetrators of crimes against humanity. As a member of the International Criminal Police Organization (Interpol), the Philippines must comply with its international obligations.
De Leon refuted allegations from Duterte's legal team that his arrest amounted to kidnapping, arguing that the presence of a valid arrest warrant negates such a claim. He mentioned that the Supreme Court denied the request for a temporary restraining order (TRO) against the arrest, indicating that Duterte's rights were not violated due to the existing arrest warrant. He criticized Duterte's lawyers for prematurely announcing a TRO from the Supreme Court, labeling it as unethical.
Furthermore, De Leon commended the professionalism of the police during the arrest, contrasting it with the actions of Duterte's common-law wife, Honeylet Avance±a, who allegedly assaulted an officer. He suggested that Avance±a should face charges for direct assault to uphold police integrity. De Leon also noted that Duterte's youngest child, Kitty, verbally abused officers, but the police remained composed and de-escalated the situation.
Duterte was subject to an arrest warrant by the ICC over alleged crimes against humanity committed due to his drug war carried out between Nov. 1, 2011, and March 16, 2019, during his time as Davao City mayor and then as Philippine president. He arrived in The Hague, Netherlands, on March 12 and was placed at the ICC Detention Center in Scheveningen. The ICC has scheduled the next hearing on Sept. 23 to confirm Duterte's charges.
