ICC takes custody of former Philippine President Rodrigo Duterte in crimes against humanity case

THE HAGUE, Netherlands (AP) — Former Philippine President Rodrigo Duterte was turned over Wednesday to the custody of the International Criminal Court, following his arrest on a warrant accusing him of crimes against humanity over deadly anti-drugs crackdowns he oversaw while in office.

The 79-year-old former president arrived at Rotterdam The Hague Airport in the Netherlands earlier Wednesday on a flight from Manila, following his arrest there on an ICC request on Tuesday.

Rights groups and families of victims hailed Duterte’s arrest, and the court’s chief prosecutor, Karim Khan, called it “a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction.”

Supporters of Duterte criticized the administration of current Philippine President Ferdinand Marcos, Duterte's political rival, for arresting and surrendering the former leader to a court whose jurisdiction his supporters dispute.

The Dutch-based court said in a statement that medical assistance was made available ''as a precautionary measure'' at the airport for Duterte, in line with standard procedures when a suspect arrives. The court did not comment on his state of health.

An ambulance drove to the hangar where his plane was taken, and medics wheeled a gurney inside. A police helicopter hovered close to the airport, and later a black SUV was seen leaving the airport accompanied by police. Its destination was not immediately clear. Crowds gathered outside the detention center for ICC suspects.

Within days, Duterte will face an initial appearance where the court will confirm his identity, check that he understands the charges against him and set a date for a hearing to assess if prosecutors have sufficient evidence to send him to a full trial.

If his case goes to trial and he is convicted, Duterte could face a maximum sentence of life imprisonment.

Grieving families are hopeful

“This is a monumental and long-overdue step for justice for thousands of victims and their families," said Jerrie Abella of Amnesty International.

"It is therefore a hopeful sign for them, as well, in the Philippines and beyond, as it shows that suspected perpetrators of the worst crimes, including government leaders, will face justice wherever they are in the world,” Abella added.

Emily Soriano, the mother of a victim of the crackdowns, said she wanted more officials to face justice.

"Duterte is lucky he has due process, but our children who were killed did not have due process,” she said.

While Duterte's plane was in the air, grieving relatives gathered in the Philippines to mourn his alleged victims, carrying the urns of their loved ones. “We are happy and we feel relieved,” said 55-year-old Melinda Abion Lafuente, mother of 22-year-old Angelo Lafuente, who she says was tortured and killed in 2016.

Duterte's supporters, however, criticized his arrest as illegal and sought to have him returned home. Small groups of Duterte supporters and people who backed his arrest demonstrated on Wednesday outside the court before his arrival.

ICC investigation

The ICC opened an inquiry in 2021 into mass killings linked to the so-called war on drugs overseen by Duterte when he served as mayor of the southern Philippine city of Davao and later as president.

Estimates of the death toll during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported and up to 30,000 claimed by human rights groups.

ICC judges who looked at prosecution evidence supporting their request for his arrest found “reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder” as an “indirect co-perpetrator for having allegedly overseen the killings when he was mayor of Davao and later president of the Philippines," according to his warrant.

In its statement Wednesday, the ICC outlined the technical stages of the upcoming hearing, without setting a specific date, and thanked Philippine authorities ‘’for their commitment to upholding international accountability mechanisms.''

What happens next?

Duterte could challenge the court’s jurisdiction and the admissibility of the case. While the Philippines is no longer a member of the ICC, the alleged crimes happened before Manila withdrew from the court.

That process will likely take months and if the case progresses to trial it could take years. Duterte will be able to apply for provisional release from the court’s detention center while he waits, though it's up to judges to decide whether to grant such a request.

Philippines-based GMA Integrated News posted a video Wednesday of Duterte that it said was taken while he was on the plane. “To my countrymen, just to give you the current situation,″ he said in a statement combining English and Tagalog. “This will be a long legal proceedings. I say to you, I will continue to serve you.″

Duterte's legal counsel, Salvador Panelo, told reporters in Manila that the Philippine Supreme Court "can compel the government to bring back the person arrested and detained without probable cause and compel the government bring him before the court and to explain to them why they (government) did what they did.”

Marcos said Tuesday that Duterte’s arrest was “proper and correct” and not an act of political persecution.

Duterte's daughter, Vice President Sara Duterte, criticized the Marcos administration for surrendering her father to a foreign court, which she said currently has no jurisdiction in the Philippines.

She left the Philippines on Wednesday to arrange a meeting in The Hague with her detained father and talk to his lawyers, her office told reporters in Manila.

Philippines no longer an ICC member state

Duterte withdrew the Philippines in 2019 from the ICC, in a move human rights activists say was aimed at escaping accountability.

The Duterte administration moved to suspend the global court's investigation in late 2021 by arguing that Philippine authorities were already looking into the same allegations, arguing that the ICC — a court of last resort — therefore didn't have jurisdiction.

Appeals judges at the ICC rejected those arguments and ruled in 2023 that the investigation could resume.

The ICC judges who issued the warrant also said that the alleged crimes fall within the court's jurisdiction. They said Duterte’s arrest was necessary because of what they called the “risk of interference with the investigations and the security of witnesses and victims.”

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Aleksandar Furtula in The Hague, Joeal Calupitan and Basilio Sepe in Manila, Philippines, Jerry Harmer in Bangkok, and Molly Quell contributed to this report.