Metro Manila, Philippines - The International Criminal Court (ICC) has issued an arrest warrant against former President Rodrigo Duterte on Tuesday, March 11, for his alleged crimes against humanity in the drug war, but the ex-chief executive insisted there is “no legal basis” for his arrest.

Over a year after the ICC resumed its probe on the controversial drug war, Malacañang announced that the International Criminal Police Organization (Interpol) Manila received an official copy of the organization’s arrest warrant.

Local authorities served the warrant to Duterte upon his arrival from a Hong Kong trip where he met Filipino supporters.

The ICC arrest is the first for the country.

Interpol’s Red Notice

Duterte’s arrest warrant was based on a Red Notice – the Interpol’s highest level of alert which calls authorities in all member states to locate and “provisionally arrest” the subject upon contact.

While the Philippines exited the ICC in March 2019, the Supreme Court ruled in 2021 that cases filed and progressed before the cutoff date were still under the court’ jurisdiction. The country joined Interpol in June 1952. The cases against Duterte date back to when he was Davao City mayor and the first two years of his presidency.

A Red Notice does not guarantee an arrest as Interpol leaves this decision to the local authorities and their willingness to cooperate with the international body.

In 2024, Justice Secretary Jesus Crispin “Boying” Remulla said the government will not hinder the Interpol from arresting persons with outstanding warrants from the ICC.

Prosecutor General Richard Fadullon served the arrest warrant at the Ninoy Aquino International Airport after Duterte arrived from Hong Kong past 9am on Tuesday.

What is the ICC?

The ICC is an international organization which conducts policies of the Rome Statute – the treaty signed by 160 member countries that created the ICC to end the cycle of criminals being exempted from punishment for “the most serious crimes of concern to the international community.”

The ICC, however, maintains independence from national courts which also allow member states, or countries, to exercise their own authority over crimes within their territory.

“As a court of last resort, it seeks to complement, not replace, national Courts,” the body’s website states.

According to the independent judicial body, there are four “most serious crimes” to affect the global community as a whole which the ICC has authority over – genocide, war crimes, crime of aggression and crimes against humanity.

Crimes against humanity, the larger umbrella where the bloody drug war falls under, is defined as acts - such as murder, enforced disappearance of persons, and those of similar violations - that are committed as “part of a widespread or systematic attack directed against any civilian population.”

The ICC caught wind of the drug war in 2016 when the number of victims under the then “Oplan Tokhang” implemented by ex-president Rodrigo Duterte spiked.

In 2017, lawyer Jude Sabio, then-senator Antonio Trillanes IV and Magdalo party-list Rep. Gary Alejano filed separate requests to the ICC to charge Duterte of “mass murder.” The tribunal began its initial probe the year after.

Not a member state

In the same year ICC began its initial investigation, Duterte formally submitted to the ICC a written notice of withdrawal from the Rome Statute. The Philippines officially exited the ICC in March 2019.

The court, however, said it still has jurisdiction over cases before the country left the ICC – which means it can continue its probe on Duterte.

In November 2021, Duterte formally requested the ICC to stop ongoing investigations, and sought a chance to defend the administration’s actions and for the international body to acknowledge local policies and efforts.

The ICC temporarily halted its investigation and asked the Duterte administration for proof that it is investigating drug war killings.

At a certain point, however, the ICC pre-trial chamber announced that it was “not satisfied that the Philippines is undertaking relevant investigations.”

More than a year after its findings, the ICC issued an arrest warrant against Duterte via an Interpol Red Notice, which alerts authorities in all member countries to locate and “provisionally arrest” the subject upon contact.

Ahead of Duterte’s arrest, Kristina Conti, ICC assistant to counsel, said serving the arrest warrant has long been anticipated.

Duterte laughed off rumors of an arrest warrant and took a defiant stand before Filipino supporters at an event in Hong Kong at the weekend.

The former president is under police custody at the Villamor Airbase in Pasay City.

The Duterte administration had opposed the ICC jurisdiction over the country.

The police at the time maintained that it is not hiding anything and would only cooperate with the ICC if it acknowledges that the Philippines has authority to investigate the alleged drug war killings.

Then national police chief Ronald "Bato" dela Rosa said he favored the arrest of ICC officials if they entered the country.