The Arrest That Rejuvenated The ICC

Author: Robert Beltran, LLM

June 26, 2025

For a man who does not like to travel, former Philippine President Rodrigo Duterte, made a rare trip to Hong Kong on March 7, 2025, to meet with local Filipino supporters.[1] It has been rumored that a warrant of arrest in his name was issued by the International Criminal Court (ICC) in The Hague, the Netherlands, for crimes against humanity.[2] During the rally, Duterte declared, "[i]f that's my fate, that's fine. I will accept it. We can't do anything if I'm arrested or imprisoned."[3] And while there were media speculations on whether he went to Hong Kong to evade the possible arrest, he returned to the Philippines on March 11, 2025.[4] As soon as Duterte got off the plane, the Philippine National Police and the International Criminal Police Organization (INTERPOL) served the ICC warrant against him.[5] Later that day, he was flown to The Hague to face the charges against him.[6] For many, this was a long time coming.[7] Duterte has been accused of ordering mass extrajudicial killings dating from his time as Mayor of Davao City (1988-1998, 2001-2010, 2013-2016), a major city in Southern Philippines, until his time as President (2016-2022).[8] He even publicly claimed that he killed some alleged drug dealers himself.[9] Duterte's arrest marks a significant moment for the ICC. The Court’s authority has been undermined in recent years, especially following the withdrawal of several member states—among them the Philippines, which left the ICC in 2019 during Duterte’s Presidency.[10] What does Duterte's arrest mean for the ICC going forward? Does the arrest reaffirm the ICC's authority, or will it discourage other countries from joining the ICC?

[Image source: Bombo Radyo Cauayan]

Historical Culmination of the ICC

The ICC marked the culmination of a century of development in international law.

The idea of establishing an international tribunal to adjudicate crimes committed in times of war or armed conflict was first proposed in 1919 at the Paris Peace Conference after World War I.[11] In 1937, a League of Nations conference resulted in a convention proposing to establish a permanent international court to adjudicate international terrorism cases.[12] The convention was signed by 13 states but none of them ratified it.[13] After the Second World War, the Allied Powers established ad hoc tribunals in Nuremberg and Tokyo to prosecute Nazi war leaders and Imperial Japanese war leaders, respectively.[14] Thereafter, the United Nations General Assembly (UNGA) requested the International Law Commission to draft a statute to form a permanent international tribunal to adjudicate crimes committed in times of war or armed conflict.[15] However, the efforts were discontinued.[16] In 1989, Trinidad and Tobago requested the United Nations to resume work on the creation of an international tribunal to hear cases involving illegal drug trafficking.[17] During the 1990s, ad hoc tribunals were created for crimes committed during the Yugoslav wars and for crimes committed during the Rwandan genocide.[18] These developments increased the momentum for establishing a permanent international criminal court.[19] Finally, in 1998, the UNGA convened in Rome to adopt a treaty titled "Rome Statute of the International Criminal Court" to establish the ICC.[20] One hundred and twenty countries voted in favor, seven (United States, China, Israel, Iraq, Libya, Qatar, and Yemen ) were against, and twenty-one countries abstained.[21] The Rome Statute entered into force on July 1, 2002, after ratification by sixty signatory states, making the ICC a reality.[22]

Under Article 5 of the Rome Statute, the ICC has jurisdiction over four international crimes: war crimes, genocide, crimes of aggression, and crimes against humanity. Meanwhile, Article 1 of the Rome Statute provides that the jurisdiction of the ICC is "complementary to national jurisdictions." In other words, the ICC can only exercise jurisdiction when domestic courts are "unwilling or unable" to prosecute pursuant to Article 17 of the Rome Statute.[23] 

The ICC issued its first warrant of arrest in 2005 and rendered its first conviction in 2012, convicting Congolese rebel leader Thomas Lubanga Dyilo of war crimes and sentencing him to 14 years for employing child soldiers.[24]

The Rise of Rodrigo Duterte and Vigilantism in the Philippines

Rodrigo Duterte had an unlikely and meteoric rise to the Philippine Presidency.[25] He hails from a political family in the Southern Philippines. Duterte’s father was Mayor of a small town in Cebu Island in the Visayas region and later became governor of Davao Province.[26]

Duterte began his career as a public prosecutor in his hometown of Davao City in the late 1970s, a period when the city was griped by violence.[27] Communist insurgents had taken hold, leading to extensive urban warfare between them and the Philippine military.[28] The international press dubbed Davao City as the "Murder Capital of the Philippines" and a "Killing Fields."[29] The city was desperate and on the verge of collapse.

By the mid-1980s, civilians started a vigilante movement, the Alsa Masa ("Masses Arise" in English), to push back against the communist insurgents.[30] The Alsa Masa was instrumental in weakening the insurgency; by 1987, the insurgents fled to the hills.[31] When Duterte became mayor in 1988, Alsa Masa members numbered in several thousand.[32] They imposed checkpoints, armed patrols, conducted covert neighborhood surveillance, intimidated civilians, and even extracted so-called "tax donations" from the residents.[33] Drunk on their new heroic status, Alsa Masa members developed a reputation for human rights abuses as their vigilantism escalated against innocent civilians.[34]

To curb the growing abuses by Alsa Masa-inspired vigilante groups, the new Philippine Constitution banned vigilante groups.[35] However, killings persisted in Davao City under Duterte’s Mayorship, with  allegations that he encouraged the police and vigilantes to use lethal force against suspected criminals.[36] These killings were then attributed to the Davao Death Squad, thought to originate from the Alsa Masa.[37]

The Death Squad's notoriety and links to Mayor Duterte catapulted him to national fame.[38] Davao City gained a reputation as a safe city, a total turnaround of its reputation from the 1980s.[39] However, the city remained infamous for extrajudicial killings.[40] By 2008, extrajudicial killings occurred almost daily in Davao City.[41] Their number jumped from 116 in 2007 to 269 in 2008, according to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions to the UN Human Rights Council.[42] Throughout this period, Duterte routinely made public comments in support of vigilantism and extrajudicial killings.[43] In one such statement, he said, "[h]ere in Davao, you can't go out alive. You can go out, but inside a coffin. Is that what you call extrajudicial killing? Then I will just bring a drug lord to a judge and kill him there, that will no longer be extrajudicial."[44]

One of the high-profile murders that happened during Duterte’s time as mayor was that of Jun Pala, a radio broadcaster, who once acted as the informal spokesperson of the Alsa Masa.[45] Pala used his radio show during the communist insurgency to rally the city behind the Alsa Masa, often naming alleged communist sympathizers on air.[46] Pala had a feud with Duterte in 2001, allegedly because Duterte refused to meet some of Pala’s requests.[47] Pala had already survived two assassination attempts before he was shot multiple times by unknown men on a motorcycle while returning home on September 6, 2003.[48] Until today, Pala's killers remain at large. Years later, Duterte commented during a press conference that Pala deserved to die.[49] 

In 2012, the Philippine Commission on Human Rights asked the Philippine Ombudsman to investigate the possible involvement of Davao officials in the wave of extrajudicial killings.[50] However, only a few police officers were charged and convicted solely for neglect of duty.[51]

Meanwhile, Duterte became a folk hero for turning Davao City around. Under his leadership, Davao City became rated as one of the safest cities in the Philippines.[52] This burnished his credentials as an effective leader and made him known to the greater public.[53]

Duterte's "War on Drugs"

In 2016, Duterte became the Philippine President after winning the Presidential Election in a landslide.[54] Shortly after taking office, he launched a brutal nationwide War on Drugs.[55]

In his first State of the Nation address, Duterte said, "[w]e will not stop until the last drug lord … and the last pusher have surrendered or are put either behind bars or below the ground, if they so wish."[56] Duterte's War on Drugs also fostered a culture of police impunity. He also promised protection to police officers who killed drug dealers and encouraged supporters to kill any addicts. He told police officers “[d]o your duty, and if in the process you kill 1,000 persons because you were doing your duty, I will protect you.”[57] The Philippine National Police (PNP), the operator of Duterte's War on Drugs, justified the killing of drug suspects as self-defense since the suspects allegedly fought back and resisted arrest.[58] In 2017, the PNP killed 32 alleged drug dealers in a single night operation.[59] Additionally, in 2020, an off-duty police officer was caught on camera shooting his neighbor because of an argument.[60]

Duterte also told a crowd of supporters “[i]f you know of any addicts, go ahead and kill them yourself as getting their parents to do it would be too painful.”[61]

By the end of his Presidency in 2022, the Philippine Drug Enforcement Agency reported that a total of 6,252 drug suspects had been killed in the War on Drugs.[62] According to several human rights groups, the actual number could be between 12,000 to 30,000.[63]

Orphaned families and supporters of victims of alleged extrajudicial killings of the previous administration’s war on drugs gather along Katipunan Avenue, Quezon City on Tuesday (March 11, 2025) following the arrest of former president Rodrigo Duterte. [Image credit: PNA photo by Joan Bondoc]

Duterte's Battle With the Courts

Duterte invoked the Presidential Immunity from Suit to shield himself from accountability for actions he committed as President.[64] He invoked it in his speeches preemptively and in a case filed against him by another nemesis of his in former Philippine Senator Leila De Lima in 2016.[65] Meanwhile, the Philippine Ombudsman, which has disciplinary authority over all government officials, can only investigate the President for impeachment.[66] In other words, the only way the Ombudsman can investigate and prosecute the President is if the latter is impeached from office by the Philippine Congress.[67] However, Duterte's party had a supermajority in Congress, making the impeachment of Duterte highly improbable.[68] According to former Philippine Supreme Court Associate Justice Antonio T. Caprio, the situation above has satisfied the legal prerequisites for recourse to the ICC, as Philippine domestic courts are now "unwilling" and "unable" to prosecute Duterte.[69] 

Filipino lawyer Jude Sabio exercised such recourse to the ICC.[70] In October 2016, months into Duterte's Presidency, then ICC Chief Prosecutor Fatou Bensouda released a written statement that she was "deeply concerned" about reports of extrajudicial killings of suspected drug dealers and users in the Philippines.[71] Ms. Bensouda also stated that her office would closely monitor the situation to determine whether to open a preliminary investigation.[72] 

In 2017, Sabio filed a 77-page complaint before the ICC accusing Duterte and 11 other Filipino officials of mass murder and crimes against humanity.[73] The complaint alleges that Duterte had "repeatedly, unchangingly and continuously committ[ed] extrajudicial executions or mass murders constituting crime against humanity through murder" that resulted in 9,400 deaths since he became the Mayor of Davao City in 1988 and through the first 10 months of his Presidency.[74]

The complaint included Duterte's public admission that he personally killed criminals[75] Ironically, it also included testimonies from two confessed members of the Davao Death Squad: Edgar Matobato, Sabio's client, Edgar Matobato, and Arturo Lascanas, a retired police officer.[76] Initially, in 2016, Lascanas denied being a member of the Davao Death Squad at a committee hearing investigating extrajudicial killings before the Philippine Senate Committee on Justice and Human Rights.[77] At the time, Lascanas was still on active duty with the Philippine National Police.[78] However, in February 2017,  the now-retired Lascanas admitted to the same committee to being a member of the Davao Death Squad.[79]  Lascanas also admitted to killing Jun Pala at Duterte's order, receiving 3 million Philippine Pesos in exchange.[80] Other crimes that Lascanas admitted to were the killing of two of his own brothers for being involved in illegal drugs, out of blind loyalty to Duterte.[81]

The Philippine’s Withdrawal from the ICC

By February 2018, the ICC was conducting a preliminary inquiry to determine the necessity of an investigation.[82] Outraged, Duterte unilaterally withdrew the Philippines from the ICC in March 2018.[83] The withdrawal was not made with the concurrence of the Philippine Senate, which had ratified the Rome Statute in 2011.[84] In May 2018, opposition Philippine Senators filed a petition before the Philippine Supreme Court to invalidate Duterte’s unilateral withdrawal from the ICC.[85] In 2021, the Philippine Supreme Court, ruling in Pangilinan v. Cayetano, dismissed the Senators' petition on the ground of mootness since the withdrawal from the ICC had already taken effect  in 2019.[86] 

The ruling seemed like a victory for Duterte, but the ICC continued its investigation, stating that it maintained jurisdiction for crimes allegedly committed in the Philippines while the country was still a member state.[87] In other words, the ICC had jurisdiction over the alleged crimes against Duterte from November 1, 2011, when the Philippines ratification of the Rome Statute entered into force, until March 16, 2019, when the withdrawal became official.[88] In May 2021, ICC Chief Prosecutor Bensouda submitted a request to the ICC's pretrial chamber to elevate her probe from a preliminary examination into a full-blown investigation.[89] In September 2021, the judges granted Bensouda's request, and the investigation by the ICC began.[90]

Validity of Duterte's Arrest

Duterte's term as President ended in 2022, with the current Philippine President Ferdinand Marcos Jr. succeeding him after winning the 2022 Philippine Presidential Election. Initially, Marcos supported Duterte during the ICC investigation.[91] At that time, they were political allies as Marcos' running mate for Vice President was Duterte's daughter, Sara.[92] For a myriad of reasons, the relationship between President Marcos and the Duterte family soured to the point that the Vice President publicly threatened to kill President Marcos.[93] For his part, former President Duterte called Marcos a drug addict and a weak leader.[94] The breakdown and collapse of their political alliance culminated in Duterte’s arrest on March 11, 2025. According to Marcos, cooperating in the arrest of Duterte was the Philippines' commitment to INTERPOL as a member state.[95]

Despite the feud between Marcos and Duterte, the Marcos administration had a legal basis for cooperating with the INTERPOL. Republic Act No. 9851 (R.A. 9851), or The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity enacted in 2009 provides legal justification for Duterte's arrest.

R.A. 9851 was signed into law by former Philippine President Gloria Macapagal Arroyo on December 11, 2009, almost two years before the Philippines ratified the Rome Statute. R.A. 9851 replicated many of the then-unratified Rome Statute's provisions.[96] But it also differed from and went beyond the provisions of the Rome Statute, such as broadening the definition of "torture” and added the conscription of child soldiers as a war crime.[97] Most consequentially, Section 17 of R.A. 9851 provided that:

In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.

This provision provides that in the interest of justice, if an international tribunal like the ICC is already investigating crimes defined under R.A. 9851, relevant Philippine authorities may forgo their  investigation or prosecution of such crimes. Moreover, the provision provides that Philippine authorities may surrender or extradite suspected or accused persons to the appropriate international court, like the ICC. The said provision is exactly what the Marcos administration did. While compliance with the Philippine’s obligations to INTERPOL is a sound legal basis to serve the warrant of arrest on  Duterte, R.A. 9851 already permits such action.[98]

Ironically, the Philippine Supreme Court’s decision in Pangilinan v. Cayetano, which validated then-President Duterte's withdrawal from the ICC may have also sealed his fate of being arrested and surrendered to the jurisdiction of the ICC. In the said case, the Philippine Supreme Court opined that "[u]ntil the withdrawal took effect on March 17, 2019, the Philippines was committed to meeting its obligations under the Rome Statute. Any and all governmental acts up to March 17, 2019, may be taken cognizance of by the International Criminal Court."[99] For purposes of Philippine jurisdiction, the aforementioned passage merely formed as an obiter dictum in the case of Pangilinan v. Cayetano.[100] An obiter dictum is a mere opinion by the court or something that is only mentioned in passing but does not form part of the binding decision of the court because it is not relevant to the issues joined in the case. Nevertheless, there is enough legal basis to validate the arrest of Duterte and the jurisdiction of the ICC over him despite the withdrawal of the Philippines from the Rome Statute.

The Implication of Duterte's Arrest for the ICC

On the one hand, Duterte's arrest marks a rejuvenation and reaffirmation of the ICC's legitimacy and authority. On the other hand, it risks alienating states, some of which may accuse the ICC of overreach for arresting someone from a non-member state and exceeding its jurisdiction. Worse, some may even accuse the ICC of interfering in domestic politics, as Duterte's political feud with Marcos was a huge reason for his arrest.[101] Either way, the ICC's authority requires the cooperation of state entities. Duterte’s arrest would not have been possible without the cooperation of the Philippine government, despite its withdrawal from the ICC.

Historically, the Philippines is only the second country to arrest a former head of State or government and surrender them to the ICC, since the Ivory Coast surrendered its former President, Laurent Gbagbo.[102] Without the membership and support of the world's most powerful nations, the ICC will struggle to assert its jurisdiction. However, as long as the ICC shows that it is fair, provides criminal due process, and observes the fundamental rights of the accused under its jurisdiction as provided by Article 66 on the presumption of innocence and the rights of the accused under Article 67 of the Rome Statute, more states may be inclined to join the ICC. After all, the power to prosecute can easily slip to the power to persecute.

More importantly, the ICC must be prudent before it exercises its complementary jurisdiction and afford member states enough opportunity to prosecute the said crimes that are concurrently under the latter and the former's jurisdiction. Otherwise, it risks provoking further member states withdrawals and undermining its legitimacy. For now, the ICC must rely on the cooperation of member states and legal loopholes to acquire jurisdiction.

Epilogue

In October 2024, the Philippine Senate conducted a committee hearing on the War on Drugs, during Mr. Duterte’s Presidency. Mr. Duterte was a resource person at the hearing and swore under oath, under pain of perjury. During the hearing, Mr. Duterte admitted to having led a death squad as Mayor of Davao City but not when he was President.[103] He further stated that the death squad only had seven members and that they were gangsters, not policemen.[104]

Mr. Duterte said during the hearing in Tagalog, “yung isang gangster utusan ko, patayin mo yan kay kung hindi mo patayin yan patayin kita ngayon.”[105] Translated in English, to “I will order the gangster, kill that person because if you don’t kill that person I will kill you myself.”

---

Glossary

• Ad Hoc Tribunals - are temporary courts established to address specific situations or crimes, often involving international crimes like genocide, war crimes, or crimes against humanity

• Adjudicate – to make an official decision about who is right in a dispute.

• Allied Powers - the Allied Powers during World War II were the United States, Great Britain, the Soviet Union, and China.

• Armed Conflict - an armed conflict is said to exist when there is an armed confrontation between the armed forces of States (international armed conflict), or between governmental authorities and organised armed groups or between such groups within a State (non-international armed conflict). Other situations of violence, such as internal disturbances and tensions are not considered to be armed conflicts.'

• Convention - are treaties signed between two or more nations that act as an international agreement.

• Crimes of aggression - Article 8 of the Rome Statute provides that crimes of aggression means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

• Crimes against humanity - committing the acts mentioned in Article 7 of the Rome Statute when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

• Extrajudicial - not forming a valid part of regular legal proceedings or in contravention of due process of law.

• Genocide - committing the acts mentioned in Article 6 of the Rome Statute with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

• ICC Pre-Trial Chamber - a body within the ICC that determines whether there is sufficient evidence to move forward with a trial, confirming charges against the accused, and issuing arrest warrants or summonses. 

• Impeachment - a charge of misconduct made against the holder of a public office with a penalty of removal from office after a trial in a legislature.

• International Criminal Court – is a court of last resort for the prosecution of serious international crimes, including genocide, war crimes, and crimes against humanity.

• International Criminal Police Organization – an inter-governmental organization with 196 member countries working together to facilitate worldwide police cooperation and crime control. 

• International Law Commission - was established by the General Assembly, in 1947, to undertake the mandate of the Assembly, under article 13 (1) (a) of the Charter of the United Nations to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification".

• Jurisdiction - the power, right, or authority of a court or tribunal to hear a case, and to render a decision over the said case and the parties involved.

• League of Nations - was the first intergovernmental organization established “to promote international cooperation and to achieve international peace and security”. It is often referred to as the “predecessor” of the United Nations.

• Lethal Force - force that is to cause death or serious bodily injury.

• Nemesis - a long time rival or enemy.

• Obiter Dictum - a mere opinion by the court or something that is only mentioned in passing but does not form part of the binding decision of the court because it is not relevant to the issues joined in the case.

• Ombudsman - the official in the Philippines that investigates and prosecutes any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.

• Perjury - criminal act of making a false statement under oath.

• Public Prosecutor - a government lawyer who represents the State against the accused in criminal cases.

• Ratified - the formal act of approval by a state to an international agreement.

• Special Rapporteur - an independent expert appointed by the United Nations Human Rights Council to focus on specific human rights issues or countries.

• Statute – a law that has been formally approved and written down.

• Tribunal – a court of forum of justice.

• United Nations General Assembly - the main policy-making organ of the United Nations.

• United Nations Human Rights Council - is an intergovernmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe.

• Vigilantism - the act of unauthorized law enforcement activities carried out by individuals without legal authority.

• War Crimes - committing the acts mentioned in Article 8 of the Rome Statute when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

• War on Drugs - the nation wide campaign launched by the Duterte administration against illegal drug use and trade in the Philippines.

---

Footnotes

[1] Landon Mion, Ex-Philippine President Duterte shrugs off possible arrest by ICC for drug war during trip to Hong Kong, Fox News (Mar. 10, 2025), https://www.foxnews.com/world/ex-philippine-president-duterte-shrugs-off-possible-arrest-icc-drug-war-during-trip-hong-kong?intcmp=fb_fnc&intcmp=fb_fnc

[2] Id.

[3] Id.

[4] Philippine ex-President Duterte brushes off possible arrest by ICC on a trip to Hong Kong, The Associated Press (Mar. 9, 2025), https://apnews.com/article/philippines-duterte-hong-kong-icc-b3edef9d7e5dafa1a2a8024f3729e61d

Ted Regencia, Former Philippine President Rodrigo Duterte arrested on ICC warrant, Al Jazerra (Mar. 11, 2025), https://www.aljazeera.com/news/2025/3/11/philippines-ex-president-rodrigo-duterte-arrested-on-international-warrant

[5] Ted Regencia, Former Philippine President Rodrigo Duterte arrested on ICC warrant, Al Jazerra (Mar. 11, 2025), https://www.aljazeera.com/news/2025/3/11/philippines-ex-president-rodrigo-duterte-arrested-on-international-warrant

[6] Id.

[7] Philippines: Former President Duterte’s arrest a monumental step for justice, Amnesty International (Mar. 11, 2025), https://www.amnesty.org/en/latest/news/2025/03/philippines-former-president-dutertes-arrest-a-monumental-step-for-justice/

[8] Philippines: Duterte Arrested on ICC Warrant, Human Rights Watch (Mar. 12, 2025), https://www.hrw.org/news/2025/03/12/philippines-duterte-arrested-icc-warrant

[9] Philippines’ Duterte admits personally killing suspects, BBC (Dec. 14, 2016), https://www.bbc.com/news/world-38311655

[10] Audrey Morallo, Palace: More could follow Philippines, Burundi out of ICC, Philstar (Mar. 22, 2018), https://www.philstar.com/headlines/2018/03/22/1799352/palace-more-could-follow-philippines-burundi-out-icc

[11] Ziv Bohrer and Benedikt Pirker, World War I: A Phoenix Moment in the History of International Criminal Tribunals, The European Journal of International Law Vol. 33 No. 33, 851-887, 852, https://academic.oup.com/ejil/article/33/3/851/6717874

[12] Michael D Callahan, Terrorism Court (1937), Oxford Public International Law, https://opil.ouplaw.com/display/10.1093/law-mpeipro/e3200.013.3200/law-mpeipro-e3200

[13] Id.

[14] Fichtelberg, A. (2009). Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy. Criminal Justice Ethics, 28(1), 5–24. https://doi.org/10.1080/07311290902831268

[15] Rome Statute of the International Criminal Court, United Nations (1998-1999),

[16] Id.

[17] Id.

[18] Pangilinan v. Cayetano, Supreme Court of the Philippines, G.R. Nos. 238875, 239483, 240954, March 16, 2021, https://lawphil.net/judjuris/juri2021/mar2021/gr_238875_2021.html

[19] Id.

[20] Michael P. Scharf, Results of the Rome Conference for an International Criminal Court, American Society of International Law (August 1998), https://web.archive.org/web/20120414184236/http://www.asil.org/insigh23.cfm

[21] Id.

[22] Supra note 18.

[23] Supra note 18.

[24] Warrant of Arrest unsealed against five LRA Commanders, International Criminal Court (Oct. 14, 2005), https://www.icc-cpi.int/news/warrant-arrest-unsealed-against-five-lra-commanders#:~:text=The%20warrants%20of%20arrest%20were,concern%20to%20the%20international%20community.

ICC First verdict: Thomas Lubanga guilty of conscripting and enlisting children under the age of 15 and using them to participate in hostilities, International Criminal Court (Mar. 14, 2012), https://www.icc-cpi.int/news/icc-first-verdict-thomas-lubanga-guilty-conscripting-and-enlisting-children-under-age-15-and

[25] Carla Teng-Westergaard, Rodrigo Duterte: From Tough-Talking Leader to ICC Accused, Asia Media Centre (Mar. 19, 2025), https://www.asiamediacentre.org.nz/rodrigo-duterte-the-trump-of-asia-from-tough-talking-leader-to-icc-suspect

[26] The Manila Times, Unknown facts about President Duterte, The Manila Times (June 29, 2016), https://www.manilatimes.net/2016/06/29/supplements/unknown-facts-about-president-duterte/270749/

[27] VotePH2016, Inquirer.net, https://web.archive.org/web/20160218014705/https://www.inquirer.net/elections2016/rodrigo-duterte/

[28] Mesrob Vartavarian, Parsing People’s War: Militias and Counterinsurgencies in the Philippines, Kyoto Review of Southeast Asia (Mar. 2019), https://kyotoreview.org/trendsetters/militias-and-counterinsurgencies-in-the-philippines/

[29] Filipino Vigilantes Calm `Murder Capital`, Chicago Tribune (Dec. 6, 1987), https://www.chicagotribune.com/1987/12/06/filipino-vigilantes-calm-murder-capital/

[30] Id.

[31] Michael S. Serrill, The Philippines Rise of the Vigilantes, TIME (May 11, 1987), https://time.com/archive/6709159/the-philippines-rise-of-the-vigilantes/

[32] Id.

[33] Id.

[34] Michael Bueza, Fast Facts: What’s the Alsa Masa?, Rappler (Sep. 6, 2016), https://www.rappler.com/newsbreak/iq/145270-fast-facts-alsa-masa-davao/

[35] James Ross, Philippines: Repeating a Quarter-Century-Old Mistake, Human Rights Watch (Oct. 4, 2025), https://www.hrw.org/news/2010/10/04/philippines-repeating-quarter-century-old-mistake

[36] Will Ripley, No tears left to cry: Voices from inside Duterte’s Davao, CNN World (Mar. 6, 2017), https://www.cnn.com/2017/03/05/asia/philippines-davao-ripley/index.html

[37] Kate Lamb, Thousands dead: the Philippine president, the death squad allegations and brutal drugs war, The Guardian (Apr. 2, 2017), https://www.theguardian.com/world/2017/apr/02/philippines-president-duterte-drugs-war-death-squads

Howard Johnson & Virma Simonette, The bloody legacy of Rodrigo Duterte, BBC (June 29, 2022), https://www.bbc.com/news/world-asia-61891472

[38] Rodrigo Duterte: The provocative but popular Philippine strongman, BBC (Mar. 11, 2025), https://www.bbc.com/news/world-36659258

[39] Rodrigo Duterte: The Rise and Fall of the Philippines’ Controversial Leader, Asian Journal (Mar. 11, 2025), https://asianjournal.com/philippines/rodrigo-duterte-the-rise-and-fall-of-the-philippines-controversial-leader/

[40] Philippine Coalition for the International Criminal Court, Without Dismantling the Death Squads, Communities Continue to be Vulnerable and Right to Life in Serious Danger, Amnesty International (Jan. 15, 2025), https://www.amnesty.org.ph/2025/01/without-dismantling-the-death-squads-communities-continue-to-be-vulnerable-and-right-to-life-in-serious-danger/

[41] Philip Alston, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, UN Human Rights Council (A/HRC/11/2/Add.8, 29 April 2009), https://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC.11.2.Add.8.pdf

[42] Id.

[43] Id.

[44] Id.

[45] Anna Felicia Bajo, NUJP wants Duterte probed for Jun Pala slay, GMA News (Feb 22, 2017), https://www.gmanetwork.com/news/topstories/nation/600640/nujp-wants-duterte-probed-for-jun-pala-slay/story/

[46] Tyrone A. Velez, Jun Pala, Alsa Masa figures in award-winning documentary of post-EDSA Philippines, Davao Today.com (Sep. 19, 2020), https://davaotoday.com/culture-2/jun-pala-alsa-masa-figures-in-award-winning-documentary-of-post-edsa-philippines/

[47] Kristine Daguno-Bersamina, Duterte ordered to kill broadcaster Jun Pala says De Lima’s witness, Philstar (Sep 15, 2016), https://www.philstar.com/headlines/2016/09/15/1624053/duterte-ordered-kill-broadcaster-jun-pala-says-de-limas-witness

[48] Jodesz Gavilan, Duterte’s ‘enemy’: Jun Pala, Rappler (Jun 9, 2016), https://www.rappler.com/newsbreak/in-depth/135561-rodrigo-duterte-jun-pala/

[49] Veronica Pulumbarit, Called an SOB by Duterte, who was Davao City journalist Jun Pala?, GMA News Online (June 2, 2016), https://www.gmanetwork.com/news/topstories/nation/568566/called-an-sob-by-duterte-who-was-davao-city-journalist-jun-pala/story/

[50] Ted Regencia, Philippine mayor admits links to death squads, Reuters (May 25, 2015), https://www.aljazeera.com/news/2015/5/25/philippine-mayor-admits-links-to-death-squads

[51] Id.

[52] Charlie Campbell, How Loudmouth Mayor Rodrigo Duterte Got to the Verge of the Philippine Presidency, TIME (Apr. 29, 2016), https://time.com/4312083/rodrigo-duterte-philippines-presidency/

[53] Id.

[54] Rodrigo Duterte sworn in as Philippine president, BBC (June 30, 2016), https://www.bbc.com/news/world-asia-36670012

[55] Roudabeh Kishi, Melissa Pavlik, Rico La Vina, Marian Constantino, Duterte’s War: Drug-related Violence in the Philippines, Armed Conflict Location & Event Data (Oct 18, 2018), https://acleddata.com/2018/10/18/dutertes-war-drug-related-violence-in-the-philippines/

[56] Rishi Iyengar, The Killing Time: Inside Philippine President Rodrigo Duterte’s War on Drugs, TIME (Aug 25, 2016), https://time.com/4462352/rodrigo-duterte-drug-war-drugs-philippines-killing/

[57] Id.

[58] Clare Baldwin, Andrew R.C. Marshall, and Damir Sagolj, Police rack up an almost perfectly deadly record in Philippine drug war, Reuters Investigates (Dec. 5, 2016), https://www.reuters.com/investigates/special-report/philippines-duterte-police/

[59] Euan McKirdy, 32 killed in bloody night for Duterte’s war on drugs, CNN World (Aug 16, 2017), https://www.cnn.com/2017/08/16/asia/philippines-duterte-war-on-drugs-deadly-night/index.html

[60] Howard Johnson & Virma Simonette, The bloody legacy of Rodrigo Duterte, BBC (June 29, 2022), https://www.bbc.com/news/world-asia-61891472

[61] Supra note 56.

[62] Zacarian Sarao, 6,252 drug suspects killed as of May 31 – PDEA, Inquirer.net (June 22, 2022), https://newsinfo.inquirer.net/1614260/pdea-says-6252-drug-suspects-died-as-of-may-31-in-war-against-drugs

[63] Jon Viktor D. Cabuenas, ICC calls on Marcos administration to comment on reopening of drug war probe, GMA News Online (July 17, 2022), https://web.archive.org/web/20220717125349/https://www.gmanetwork.com/news/topstories/nation/838463/icc-calls-on-marcos-administration-to-comment-on-reopening-of-drug-war-probe/story/

[64] Vera Files Fact Check: ICC can strip off Duterte’s immunity, Vera Files (Mar. 19, 2017), https://verafiles.org/articles/vera-files-fact-check-icc-can-strip-dutertes-immunity

[65] Id. Also De Lima v. Duterte, G.R. No. 227635, Oct. 15, 2019, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65820

[66] Antonio T. Carpio, Presidential immunity from suit, Inquirer.net (Jan. 21, 2021), https://opinion.inquirer.net/137151/presidential-immunity-from-suit

[67] Id.

[68] Id.

[69] Id.

[70] Oliver Holmes, ‘Mass murder’ complaint filed against Philippines’ President Duterte at ICC, The Guardian (Apr. 25, 2017), https://www.theguardian.com/world/2017/apr/25/mass-complaint-launched-against-philippines-president-duterte-at-icc

[71] Philippines drugs war: Duterte to withdraw from ICC, BBC (Mar. 14, 2018), https://www.bbc.com/news/world-asia-43397837

[72] ICC warns Philippines over killings, DW News (Oct. 13, 2016), https://www.dw.com/en/icc-prosecutor-warns-philippine-authorities-over-drug-war-killings/a-36036960

[73] Court Complaint Accuses Duterte of Mass Murder, The New York Times (Apr. 24, 2017), https://www.nytimes.com/interactive/2017/04/24/world/asia/duterte-icc-complaint.html

[74]Jude Josue L. Sabio, The Situation of Mass Murder in the Philippines Rodrigo Duterte: The Mass Murder, April 24, 2017, https://www.nytimes.com/interactive/2017/04/24/world/asia/duterte-icc-complaint.html

 Id.

[75] Id.

[76] Id.

[77] Retired SPO3 Lascanas: What he said before, what he now says, ABS-CBN (Feb. 20, 2017, Updated on Apr. 19, 2017), https://www.abs-cbn.com/news/02/20/17/retired-spo3-lascanas-what-he-said-before-what-he-now-says

[78] Id.

[79] Id.

[80] Kathy Quiano, Ex-Davao Death Squad leader: Duterte ordered bombings, CNN World (Mar. 2, 2017), https://edition.cnn.com/2017/02/20/asia/arturo-lascanas-philippines-death-squad/index.html

[81] Id.

[82] Hannah Ellis-Petersen, ICC launches crimes against humanity inquiry into Duterte’s war on drugs, The Guardian (Feb. 8, 2018), https://www.theguardian.com/world/2018/feb/08/icc-claims-crimes-against-humanity-duterte-philippines

[83] Emily Sullivan, Duterte Pulls Philippines Out of International Criminal Court, NPR (Mar. 14, 2018), https://www.npr.org/sections/thetwo-way/2018/03/14/593433935/duterte-pulls-philippines-out-of-international-criminal-court

[84] Ina Reformina, Minority senators ask SC to declare PH withdrawal from ICC invalid, ABS-CBN News (May 16, 2018), https://www.abs-cbn.com/news/05/16/18/minority-senators-ask-sc-to-declare-ph-withdrawal-from-icc-invalid

[85] Id.

[86] Supra note 18. The Philippine Supreme Court dismissed the case on the ground of mootness as the withdrawal from the ICC removes any actual case or controversy in the Petition.

[87] Situation in the Philippines: Rodrigo Roa Duterte in ICC custody, International Criminal Court Press Release (Mar. 12, 2025), https://www.icc-cpi.int/news/situation-philippines-rodrigo-roa-duterte-icc-custody

[88] Id.

[89] Kelebogile Zvobgo, Why did the Philippines turn over its former president to the ICC?, The Brookings Institution (Apr. 1, 2025), https://www.brookings.edu/articles/why-did-the-philippines-turn-over-its-former-president-to-the-icc/

[90] Id.

[91] Id.

[92] Andrea Chloe Wong, A family feud in the Philippines, The Lowy Institute (Feb. 21, 2025), https://www.lowyinstitute.org/the-interpreter/family-feud-philippines

[93] Philippines VP Sara Duterte threatens Marcos assassination if she is killed, Aljazeera (Nov. 23, 2024), https://www.aljazeera.com/news/2024/11/23/philippines-vp-sara-duterte-threatens-marcos-assassination-if-she-is-killed

[94] Jim Gomez, Philippine president and vice president clash in a feud that’s testing an Asian democracy, The Associated Press (Nov. 26, 2024), https://apnews.com/article/philippines-marcos-duterte-assassination-threats-934fd103e380e1e1b7dad023ecd96ff2

[95] Gabriel Pabico Lalu, Marcos on Duterte’s arrest: ‘We have commitments to the Interpol’, Inquirer.net (Mar. 11, 2025), https://newsinfo.inquirer.net/2043086/marcos-on-dutertes-arrest-we-have-commitments-to-the-interpol

[96] Supra note 18.

[97] Supra note 18.

[98] Romel Regalado Bagares, The ‘Things Said in Passing’: The Duterte Drug War, Philippine Presidential Foreign Policy Prerogatives, and the Rome Statute of the International Criminal Court in Pangilinan v Cayetano, Cambridge Core blog (Apr. 17, 2023), https://www.cambridge.org/core/blog/2023/04/17/the-things-said-in-passing-the-duterte-drug-war-philippine-presidential-foreign-policy-prerogatives-and-the-rome-statute-of-the-international-criminal-court-in-pangilinan-v-cayet/

[99] Supra note 18.

[100] Supra note 98.

[101] Supra note 89.

[102] Supra note 89.

[103] Jim Gomez, Duterte says he had a ‘death squad’ as mayor but didn’t order killings as Philippine president, The Associated Press (Oct. 28, 2024), https://apnews.com/article/philippines-duterte-death-squad-killings-fc44bd8305f8e5468dcc6528825170fc

[104] Id.

[105] SBS News, Philippines’ex-President Duterte admits to drug war ‘death squad’, YouTube (Oct 30, 2024), https://www.youtube.com/watch?v=KFxyQ_IAhhM