San Francisco Frontiers - Duterte case seen as a 'gift' for embattled ICC

When the 79-year-old steps into the court in the hulking glass building in The Hague, he will be the first Asian former head of state to appear, facing charges of crimes against humanity over his "war on drugs."

His whirlwind transfer from Manila to The Hague to face justice could not have come at a better time for the under-fire ICC, which can celebrate a rare coup, said Willem van Genugten, Professor of International Law at Tilburg University in The Netherlands.

"I see the arrest and handing over of Duterte as a gift at an important moment in time," he told AFP.

Melanie O'Brien, Associate Professor of International Law at the University of Western Australia, described Duterte's sudden arrest and surrender as "monumental".

"I think this is a really positive thing for the ICC. And I think it's a really positive thing for international law and justice generally," she told AFP.

Critics of the ICC have pointed to a focus on lower-level, mainly African, suspects and a poor conviction record.

"It's very important to have caught such a big fish, showing the world again that impunity is no option for even (former) political leaders," said van Genugten.

The ICC has suffered some high profile failures, with former Ivory Coast president Laurent Gbagbo cleared, former DR Congo vice president Jean-Pierre Bemba acquitted on appeal and former Kenyan president Uhuru Kenyatta having charges dropped.

But O'Brien believed Duterte's was "more of a slam dunk case" than previous trials against former heads of state.

The arrest warrant issued by ICC judges is for a single charge -- the crime against humanity of murder.

"Having one charge... makes it a lot easier for the prosecutor to be focusing on this when they go to court," said O'Brien.

Duterte has already appeared to accept responsibility for his actions, saying in a Facebook video: "I have been telling the police, the military, that it was my job and I am responsible."

- 'Existential' danger -

As recently as December, ICC President Tomoko Akane warned of an "existential" danger for the institution she heads, under attack from all sides.

In 2023, Russia slapped sanctions on ICC Chief Prosecutor Karim Khan after the court issued an arrest warrant for President Vladimir Putin over the alleged forced transfer of children from Ukraine.

And last month, US President Donald Trump hit the court with sanctions over what he said were "illegitimate and baseless actions targeting America and our close ally Israel."

The ICC has issued warrants for Israel's Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for alleged war crimes and crimes against humanity during the Gaza war.

The Duterte case has sparked criticism from his supporters, who claim the court is meddling in internal affairs, but also warnings from China about "politicisation" and "double standards."

"It's a really challenging time for the court when it is coming under attack", said O'Brien, but also a chance for the ICC to shine in the spotlight.

"If this trial goes ahead and it goes smoothly as it should and the evidence is well presented and Duterte is convicted, it will be a really positive thing to say that this court is there for a reason," she said.

Khan himself said that international law was "not as weak as some may think," citing the decision of the Philippines to hand over a former leader.

Mark Kersten, Assistant Professor of Criminology and Criminal Justice at the US-based University of the Fraser Valley, said it was a "major moment for the ICC."

"Having a former head of state in its detention is a strong demonstration of its continued relevance and impact in the world, and gives it a trial at a time when it desperately needs one," he told AFP.

ICC critics say warrants against the likes of Putin or Netanyahu are pointless as they will never be carried out.

But the Duterte case shows how quickly norms can be upended.

"Right now, no one's handing over Putin, but things can change. I mean, regimes can change. We don't necessarily know what's going to happen in any case in any country," said O'Brien.

"This is really positive because it's proof that this can actually happen," she said.

Y.Harris--SFF