Metro Manila, Philippines – Three female judges from the International Criminal Court (ICC) signed the arrest warrant for former President Rodrigo Duterte for crimes against humanity in connection with his bloody war on drugs.
"The ICC Pre-Trial Chamber I has issued an arrest warrant for Mr Rodrigo Roa Duterte for charges of the crime of murder as a crime against humanity allegedly committed in the Philippines between 1 November 2011 and 16 March 2019," the ICC said in a statement to NewsWatch Plus on Tuesday.
A copy of the arrest warrant obtained by the media shows that the order was signed by Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou, and Maria del Socorro Flores Liera.
Judge Iulia Antoanella Motoc (Romania)
Presiding over Pre-Trial Chamber I, Julia Antoanella Motoc, a Romanian, was a judge at the European Court of Human Rights (ECHR) from 2013 to 2023 and a professor of international law.
According to her ICC profile, Motoc was a United Nations special rapporteur for the Democratic Republic of Congo, where she documented crimes against humanity and war crimes.
A law professor since 1995, she became a full professor at the University of Bucharest in 2002, specializing in international law, human rights, and transitional justice.
"Judge Motoc dealt with serious and complex cases including corruption and sexual violence, genocide, crimes against humanity and war crimes, in cases such as Drelingas v. Lithuania and interstate cases such as Ukraine and the Netherlands v. Russia or Chiragov and Others v. Armenia and Sargsyan v. Azerbaijan," her ICC profile read.
Judge Reine Alapini-Gansou (Benin, African States)
Reine Alapini-Gansou has extensive experience in human rights law, having served on multiple United Nations commissions investigating human rights violations.
She was a member of the African Commission on Human and Peoples' Rights for 12 years, where she acted as chairperson (2009-2012) and special rapporteur on the situation of human rights defenders in Africa (2005-2009, 2012-2017).
In 2011, she was appointed as a judge at the Permanent Court of Arbitration. She holds multiple diplomas in international human rights law and has co-authored a number of publications.
Judge Socorro Flores Liera (Mexico)
Before joining the ICC, Socorro Flores Liera was a seasoned diplomat who served as Mexico’s permanent representative to the United Nations and other international organizations in Geneva.
She was vice-president of the UN Human Rights Council in 2020 and played a key role in international criminal law.
"As a member of the Mexican delegation, Judge Flores Liera was closely involved in the process leading to the creation of the International Criminal Court since 1995, notably including the negotiations that led to the Rome Statute and to the adoption of the Elements of Crimes and Rules of Procedure and Evidence," her ICC profile read.
Liera also represented Mexico before the International Court of Justice (ICJ) in the “Avena” case (Mexico v. United States) and participated in drafting a number of international legal agreements.
Reasons for Duterte arrest
The ICC stated in its arrest warrant that Duterte’s continued influence makes his detention necessary, even though he is no longer in office.
“The Chamber observes that Mr. Duterte, even though no longer the President of the Philippines, appears to continue to wield considerable power,” the ICC Pre-Trial Chamber said.
The court said his arrest is essential to ensure his appearance before the tribunal, citing concerns that Duterte would not cooperate with a summons to appear.
In a separate statement to NewsWatch Plus, the ICC said that once a suspect is in ICC custody, an initial appearance hearing will be scheduled, with further details to be announced in due course.
Charges against Duterte
Duterte faces an arrest warrant for crimes against humanity (murder) under the Rome Statute, the treaty that created the ICC.
"For these reasons, the chamber hereby… issues a warrant of arrest for Rodrigo Roa Duterte, born on 28 March 1945, for his alleged criminal responsibility pursuant to Article 25(3)(a) of the Statute for the crime against humanity of murder pursuant to Article 7(1)(a) of the Statute, committed in the Republic of the Philippines during the relevant period, as set forth in this warrant of arrest," the document read.
Article 7 of the Rome Statute defines murder as a crime against humanity when committed as part of a widespread or systematic attack against a civilian population.
With the stroke of Duterte’s pen, the Philippines formally exited the ICC in March 2019, a year after the president notified the court of the decision to withdraw from the treaty.
A case was filed with the Supreme Court questioning the legality of the ICC withdrawal. In March 2021, the high tribunal upheld Duterte’s decision but ruled that the ICC has jurisdiction over cases that happened before March 2019, effectively covering the years when Duterte was mayor of Davao City when the alleged extrajudicial killing happened, throughout his first two years as president. The Philippines joined the ICC in August 2011.