Duterte trial loaded with heavy geopolitical implications – Asia Times
Several people anticipated it. The arrest of former Philippine President Rodrigo Duterte for allegedly committing crimes against humanity under the auspices of the International Criminal Court ( ICC ) has shocked both the country and the entire world.
After years of democratic violence over allegations that the Ferdinand Marcos Jr. administration had orchestrated tens of thousands of extrajudicial murders during his scorched-earth drug combat, the ex-leader immediately fell into a trap that led to Duterte being flown to The Hague despite its longstanding refusal to acknowledge the ICC’s control.
The former president was taken to the country’s main military base just hours after returning from Hong Kong, where Duterte was reportedly reportedly exploring potential political exile, and then flown to The Hague via Dubai on a private jet.
His supporters desperately tried to stop the arrest by applying for temporary restraining orders from local courts, but the sheer speed of the operation slammed the country’s judicial systems.
However, citing legal precedents from a number of prominent international cases, including the arrest of Ugandan warlord Dominic Ongwen, former ICC judge Raul Pangalangan has argued that the arrest was fundamentally legal, even if it was contentious.
Duterte has been accused of being responsible for the deaths of tens of thousands of Filipinos, some of whom were children, during anti-drug operations. The Philippines Supreme Court ruled that the ICC retained jurisdiction over crimes committed while the country was a member of the ICC between 2011 and 2018 despite the fact that he unilaterally withdrew the country from the ICC to avoid scrutiny.
Duterte will become the first Asian leader to face charges of crimes against humanity in September, making him arguably the most well-known fugitive currently in the ICC’s custody. The troubled international organization has been criticized for its ineffectiveness and alleged selectiveness in meeting out justice, but this is a significant milestone for it.
Duterte’s arrest has also raised significant geopolitical issues, including China’s alleged abandonment of a key ally and the Trump administration’s tacit silence on the subject.  ,
Duterte’s arrest has a lot of meaning, but it’s difficult to overstate its significance on so many fronts. It has caused a significant political backlash in the home country, with concerns over civil unrest, particularly in Duterte’s popular island of Mindanao, where he enjoys a large following.
Imee Marcos, the late president’s sister, was one of the Senate’s leading members, who conducted a hearing last week where they interrogated and even berated officials involved in Duterte’s arrest.
A majority of Filipinos, according to a local Social Weather Stations poll, support the ICC trial. In accordance with a reputable survey conducted last month, 51 % of respondents wished that Duterte were brought to justice for the alleged role in the extrajudicial killings of thousands of drug dealers. 25 % of respondents were in disagreement, while only 14 % were still undecided.
Duterte supporters attempted to win public sympathy by highlighting his age ( soon to be 80 years old ) and alleged frailty, but the former president appeared hale and upbeat just days earlier during a rally among supporters in Hong Kong.
He acknowledged that he had been informed of a potential arrest warrant there, but in an expletive-filled speech he mocked the ICC and steadfastly rejected his legacy, saying,” If this is my fate in life, it’s OK, I’ll accept it. If I’m detained and imprisoned, I can’t do anything.
Duterte also defiantly requested an arrest from the ICC last year and, using his trademark machismo and chutzpah, threatened to physically assault the courts ‘ representatives in the event of an arrest attempt. While in power, he once threatened to feed ICC investigators to” crocodiles” if they entered the nation.
Given its earlier opposition to the ICC’s investigation and even raising questions about its jurisdiction, the Marcos Jr administration has struggled to provide a clear legal justification for its action.
It merely insisted that it was not in a position to defy international law, especially given that the Philippines rely on international law to protect its sovereign rights in sensitive matters like the South China Sea disputes with China.
In a landmark arbitration case at The Hague in 2016, the Philippines won, under the auspices of the UN Convention on the Law of the Sea ( UNCLOS), reaffirming the Southeast Asian nation’s exclusive economic rights in conflicting regions of the South China Sea. The Marcos Jr. administration has cited that ruling on numerous occasions to refute China’s claims to be in the country’s exclusive economic region.
However, to critics, the Marcos Jr. administration’s choice to cooperate with the ICC appeared to be politically self-serving rather than principled. After all, the former president’s arrest came shortly after the Marcos and Duterte dynasties grew in tension, and government allies impeached vice president Sara Duterte for alleged corruption and misconduct in office.
The saga has wider geopolitical implications. Even members of the ICC have challenged earlier arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin, whose majority of ICC trials in the past were primarily focused on alleged criminals from the African continent.
Others have questioned the varying speed of the ICC’s response to alleged atrocities in various parts of the world and accused the body of” Eurocentrism.”
In a time when Donald Trump is contesting, if not abrogating, the Duterte trial gives the ICC and, more broadly speaking, the European Union ( EU) a historic chance to demonstrate their relevance as an anchor of a rules-based international order.
Beijing’s alleged abandonment of its Filipino allies also raised questions. In a famous meeting with Chinese leader Xi Jinping in the middle of 2023, Dutte and Xi had sparked controversy because Marcos Jr. and Beijing had been fighting over their differences in the South China Sea and were turning a sharp backwards in favor of the US.
According to some recent local reports, China reportedly refused to grant Duterte sanctuary, making the former president more of a liability than an asset.
Other ardent observers, however, have refuted this, arguing that Duterte’s return from Hong Kong was motivated more by hubris and concern for his troubled daughter, who could face office-selection this year. China is known for its reliability as a strategic patron.
China indirectly backed its former Filipino ally by publicly urging the ICC to stop “politicizing” the trial, but it did not say whether it had granted Duterte asylum.
” This is a significant, unexpected incident. China has taken note of the news and is closely monitoring how it develops, according to Mao Ning, a spokesman for the Chinese foreign ministry, in a regular press conference shortly after the ICC’s surprise arrest.
According to Mao,” I would like to reiterate China’s consistent position that the International Criminal Court should strictly adhere to the principle of complementarity, exercise its functions and powers prudently in accordance with the law, and prevent politicization or double standards,” Mao continued, highlighting the possibility that Beijing had not been aware of the closely coordinated arrest between the ICC and Manila.
However, the Trump administration’s strategic silence on the subject is even more intriguing. Washington has consistently used punitive measures against ICC judges over the years.
However, it has remained eerie silent on Duterte’s case, likely as a result of the former Filipino president’s pro-China policies and Philippines ‘ pivotal position as an important ally in Asia. That position was hampered by Duterte but reinstated by Marcos Jr.
This week, US Defense Secretary Pete Hagseth visits Manila, underscoring the strategic partnership’s breadth and lasting significance. Duette has reportedly been largely abandoned by former allies both domestically and abroad, while the Marcos Jr administration has deftly used the country’s growing geopolitical significance to maintain support for some important Western allies on the ICC issue.
It seems that everything in today’s world seems to be driven by the geopolitical interests of individual superpowers.
Follow Richard Javad Heydarian on X at @Rich Heydarian