Philippines: Duterte’s Arrest Marks a Historic Step Toward Justice for Victims of the ‘War on Drugs’"

On March 11, 2025, Duterte was arrested at Manila’s Ninoy Aquino International airport following an ICC-issued warrant for crimes against humanity, in connection to extrajudicial killings committed between November 2011 and March 2019 during his anti-drug campaign. Later that evening, he was flown to The Hague on a charter flight.

The ICC arrest warrant cites extrajudicial killings during Duterte's tenure as mayor of Davao City and the 'war on drugs' following his presidency in 2016. It emphasises that there are reasonable grounds to believe a "widespread and systematic attack" against the civilian population occurred as part of a state policy. According to the ICC, the killings shared common characteristics, including the location, modus operandi, the profiles of victims, and the identities of perpetrators.

Although the Philippines formally withdrew from the Rome Statute in March 2018, the ICC retains jurisdiction over crimes committed while the country was a State Party, covering the period from 1 November 2011 to 16 March 2019, when the withdrawal took effect.

Duterte’s arrest comes after years of tireless efforts by the families of victims and human rights organisations to document and verify cases of extrajudicial killings.

“This is a crucial first step toward achieving justice, especially for the families of victims who have endured years of impunity under his bloody “war on drugs”. said Rowena Legapsi, Executive Director of OMCT’s partner organisation Children's Legal Rights and Development Center (CLRDC). “It brought back haunting memories of the faces of countless extrajudicial killing victims - especially the innocent children whose deaths we documented. I remember the deep injustice felt by the families we comforted as they tearfully shared their stories. I hope to finally walk side by side with these families as we see the light of justice”.

Official sources report that 6,248 individuals were killed during Duterte’s “war on drugs”, while civil society organisations estimate the toll to be between 12,000 and 30,000. Many children were among the victims. Their deaths remain largely underreported, primarily due to fear of reprisals. The OMCT and its local partner CLRDC documented 122 cases of children aged 1 to 17 killed between July 2016 and December 2019 - only a fraction of the estimated total. In many of these cases, evidence was planted at crimes scenes, security forces made unfounded claims of self-defense, and operations were often based on false or unverified information. By the end of Duterte's presidency in 2022, at least 150 child deaths had been documented, though the true number is likely far higher. These killings were not merely "collateral damage”, as Duterte claimed, but were often deliberate.

Throughout his presidency, Duterte repeatedly incited violence, making public statements that authorised and promoted killings while dehumanising alleged criminals. He publicly named suspects - some later killed in police operations - and urged officials to commit violent acts against drug dealers and users. In one of his most blatant calls for violence, Duterte ordered the country’s top customs official to "shoot and kill" drug smugglers. In October 2016, he said he would be "happy to slaughter" millions of drug addicts—drawing a chilling comparison to Hitler’s mass murder of Jews. These remarks incited and emboldened law enforcement and vigilantes to carry out extrajudicial executions with impunity.

Alongside his brutal "war on drugs," Duterte also targeted human rights defenders. His violent rhetoric fostered a climate where attacks on activists, journalists, and community leaders became normalised, and perpetrators acted with near-total impunity. From July 2016 to November 2018, at least 76 land and environmental defenders and 12 journalists were killed in connection with their work, along with at least eight labor rights activists.

While Duterte’s arrest offers a glimmer of hope, the road to justice remains long. Extrajudicial killings have continued under Duterte's successor, President Ferdinand Marcos Jr. As of March 2025, at least 928 individuals have reportedly been killed in drug-related incidents, including at least 47 documented cases of children killed since Marcos Jr. took office.

To achieve full justice, accountability must extend beyond Duterte to all those responsible for human rights violations during the "war on drugs" as well as ongoing abuses, ensuring guarantees of non-repetition. The Philippines should also consider rejoining the ICC and take all necessary steps to create a secure and supportive environment that enables victims, their families, and civil society organisations that support them to safely engage in the legal process, both at the international level and within Philippine courts.

Duterte’s arrest sends a powerful message to global leaders that no one is above the law. Now, it is imperative that the international community take decisive action to ensure accountability for all individuals responsible for serious human rights violations worldwide, regardless of their position of power. This is essential to ending the cycle of impunity for state-sponsored violence on a global scale.