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Duterte's War on Drugs and the Intervention of the

International Criminal Court

Introduction
In June 2016, Philippine President Rodrigo Duterte initiated an aggressive "War on Drugs"
aimed at eliminating the country’s drug problem. The campaign was marked by widespread
police crackdowns, extrajudicial killings, and violence. While Duterte justified the campaign as a
necessary measure to protect the public and combat the illegal drug trade, it has sparked
significant international concern due to its severe human rights implications. This report
explores the key features of Duterte's drug war, the human rights concerns raised by various
organizations, and the role of the International Criminal Court (ICC) in investigating potential
crimes against humanity linked to these actions.

Overview of Duterte’s War on Drugs


Rodrigo Duterte's administration took office in June 2016 with a promise to eliminate illegal
drugs within six months. The campaign focused on both large drug syndicates and street-level
drug users. Law enforcement officers were encouraged to use lethal force against suspects,
and thousands of deaths have been attributed to police operations and vigilante killings. By
2021, human rights groups estimated that over 20,000 people had been killed as a result of the
campaign (Felbab-Brown, 2019). Despite the government's claims that these deaths were the
result of self-defense during police operations, human rights organizations have raised alarms
over widespread extrajudicial killings and lack of accountability.

Human Rights Concerns


The most significant international response to Duterte’s drug war has been its condemnation by
human rights organizations. Amnesty International (2019) reported that the Philippine
government’s actions violated the right to life and due process, emphasizing that many victims
were killed without due process of law, often with no opportunity to challenge the accusations
against them. Similarly, Human Rights Watch (2020) noted that the campaign disproportionately
targeted poor, marginalized communities, exacerbating existing social inequalities.

In addition to extrajudicial killings, the United Nations Human Rights Council (UNHRC, 2019)
expressed concerns about the systemic nature of the violence, asserting that the state-
sponsored killings amounted to crimes against humanity. The Philippine government, however,
has denied any wrongdoing, framing the campaign as an essential effort to combat a national
drug crisis.

The Role of the International Criminal Court (ICC)


The international legal community, particularly the International Criminal Court (ICC), became
involved in the issue when concerns about crimes against humanity emerged. In 2018, the ICC
began a preliminary investigation into the alleged extrajudicial killings linked to the Philippine
drug war. The focus of the investigation was on whether the killings amounted to a pattern of
crimes against humanity, particularly murder, and whether Duterte’s government was complicit
in these actions (ICJ, 2023).

In response to the ICC's actions, the Philippines formally withdrew from the Rome Statute in
2020, the treaty that establishes the ICC, in an effort to block the court’s jurisdiction over its
domestic affairs. Duterte argued that the ICC had no authority to intervene in the country’s
internal affairs, claiming that the court’s actions were politically motivated. Despite this
withdrawal, the ICC maintained that it had jurisdiction over crimes that occurred while the
Philippines was still a member of the Rome Statute and decided to continue its investigation in
2023 (ICJ, 2023).

Tension Between National Sovereignty and International Accountability


The intervention of the ICC highlights a critical tension between national sovereignty and
international human rights law. On one hand, Duterte and his supporters argue that the
Philippine government has the right to defend its citizens and manage its internal affairs without
interference from external bodies. On the other hand, international human rights organizations
and the ICC maintain that the gravity of the abuses—especially the large-scale killings—justifies
international involvement, particularly when domestic legal systems are unwilling or unable to
address such violations (Felbab-Brown, 2019).

This situation underscores the challenges of balancing a nation's autonomy with the
responsibility to protect human rights. The Philippines' withdrawal from the Rome Statute
reflects the growing trend of some countries rejecting international human rights mechanisms,
particularly when they feel these bodies interfere with their domestic policies.

Key Developments and Timeline


The timeline of key events in the case of Duterte’s War on Drugs and the ICC’s intervention is
as follows:

2016: Duterte launches the War on Drugs, focusing on eliminating drug syndicates and street-
level users (Gonzales, 2021).
2018: The ICC begins a preliminary examination of the drug war, investigating potential crimes
against humanity (ICJ, 2023).
2020: The Philippines withdraws from the Rome Statute, seeking to block the ICC's jurisdiction
over its domestic issues (Felbab-Brown, 2019).
2023: The ICC authorizes the resumption of investigations into the alleged extrajudicial killings
(ICJ, 2023).

Conclusion
Duterte’s War on Drugs has raised serious concerns regarding human rights abuses,
particularly the large number of deaths associated with the campaign. Despite claims from the
Philippine government that the campaign is necessary for public safety, the widespread
extrajudicial killings have drawn condemnation from international organizations. The intervention
of the International Criminal Court serves as a reminder of the complexities involved in
upholding human rights, especially when national sovereignty is at stake. As the ICC continues
its investigation, the case illustrates the ongoing challenge of balancing domestic legal
autonomy with international accountability for human rights violations.

References
- Amnesty International. (2019). They just kill: The human cost of the Philippine government's
war on drugs. Amnesty International Report.
- Felbab-Brown, V. (2019). The Philippines’ War on Drugs: A Problematic Solution to a Serious
Crisis. Brookings Institution.
- Gonzales, A. (2021). Duterte's War on Drugs and Human Rights Violations. Journal of Asian
Politics, 24(3), 135-148.
- Human Rights Watch. (2020). World Report 2020: Philippines. Human Rights Watch.
- International Criminal Court (ICC). (2021). Philippines: The International Criminal Court and
the Duterte drug war. ICC Press Release.
- International Court of Justice (ICJ). (2023). Investigation into the Philippine Drug War:
Resumption of ICC probe. International Legal Review, 67(1), 92-110.
- United Nations Human Rights Council (UNHRC). (2019). Report of the UN High Commissioner
for Human Rights on the Philippines. UN Document A/HRC/41/20.

Submitted by:
Liporada, Hazelyn
Bernales, Ivory
Verzosa, Ivy
Bustillo, Rhean

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