Philippines Duterte’s first night in a jail cell is a pivotal moment for the ICC

Outside the International Criminal Court’s ( ICC ) detention centre, where former Philippines president Rodrigo Duterte was taken on Wednesday, his supporters gathered, waving national flags and shouting,” Bring him back”! as he was driven through the imposing copper walls at speed.

Immediately before he landed in the Netherlands, the 79-year-old proudly defended his terrible “war on medicines” for which the ICC says there are “reasonable basis” to charge him with death as a crime against humanity.

Small-time drug traffickers, customers and others were killed without trial on his view as president and, eventually, as leader.

The official toll stands at 6, 000, though protesters believe the real figure was run into the tens of thousands.

Duterte said he cracked down on drug traffickers to rid the country of city acts.

But, right parties allege that the plan was riddled with officers abuse, targeting young people from the industrial bad.

Duterte is the first Eastern previous head of state to be indicted by the ICC- and the first suspect to be flown to The Hague in three years.

And his appearance comes at a key moment for the International Criminal Court.

Rodrigo Duterte’s imprisonment and imprisonment on Monday was the result of an extraordinary chain of events.

His supporters allege that the ICC is being used as a social device by the country’s current leader Ferdinand Marcos who has publicly fallen out with the strong Duterte home.

The ICC is a court of last resort designed to hold the most effective to consideration when local authorities are unable or willing to do so. But this situation is a warning of the degree to which it depends on state cooperation in order to accomplish its mandate- it essentially has no power to arrest people without the assistance of the places they are in, which is most often refused.

In the case of Duterte, possibilities that he would ever been prosecuted by the ICC seemed unfathomable even in 2022, when his daughter, Vice-President Sara Duterte, allied with Marcos to build the strong “uniteam” that swept legislative elections.

Up until a few months ago, Marcos had dismissed the idea of cooperating with the ICC.

But the rate at which Duterte was served an arrest warrant and extradited indicates that when social winds shift, those previously considered invincible can get themselves touching down in The Hague.

The whole process of his extradition- from his detention in Manila to his arrival in The Hague- has been documented on social media by his daughter Kitty and Duterte himself through his aide. His plane was the most tracked on flight radar.

” I am the one who led our law enforcement and military. I said that I will protect you and I will be responsible for all of this”, he said on a Facebook video, one of many that was shared over more than 24 hours during his journey from Manila to The Hague.

It provided rare insight into what is usually an opaque process, and the world was able to follow, sometimes in real time, every step of it right down to the meals Duterte was served on board his chartered jet.

Duterte’s arrest now sends a strong signal that even powerful individuals may be held accountable for their actions, potentially deterring future abuses.

His case has also reignited debate about the ICC’s role in relation to national sovereignty, a concern often raised by non-member states like the United States, Russia, and China.

The court depends on its 128 members to fund and be the operational arm of this judicial body.

So Duterte’s headline-making arrival, followed by his first night in a jail cell at The Hague, offer the the court a much-needed win.

After serving two high-profile arrest warrants – one for the Russian president Vladimir Putin, and another for Israel’s prime minister Benjamin Netanyahu over the war in Gaza– which are unlikely to be enforced any time soon, the arrival of Duterte will be put forth as proof the court is capable of bringing those accused of the gravest atrocities to face justice.

It is a litmus test for the ICC’s ability to function effectively in an increasingly polarised climate.

ICC prosecutor Karim Khan was recently sanctioned by Donald Trump over the arrest warrant issued for Benjamin Netanyahu.

The detention of Duterte provides him with a powerful response.

” Many say international law is not strong”, Karim Khan acknowledged. ” But international law is not as weak as some may think. When we come together, when we build partnerships, the rule of law can prevail”.

The former Philippines president will now mark his 80th birthday this month in the ICC’s detention facility, located in the dunes of The Hague.

The facility, once a Nazi prison complex, provides each detainee with a private cell, access to computers, a library, and sports facilities.

If he isn’t satisfied with the meals provided, Duterte has the option to prepare his own food using a shopping list in the detention center’s kitchen. He will also have access to medical care, lawyers, and visitors.

He is expected to make his initial court appearance in the coming days, where he will confirm his identity, choose the language he wishes to follow proceedings in, and acknowledge the charges against him.

Following this public appearance, a confirmation of charges hearing will follow, during which the judges will decide whether the prosecution has presented a sufficient amount of evidence to proceed to trial.

If the charges are confirmed, it could be many months before he eventually goes on trial, and years before a final judgment.