Why Duterte was arrested for his war on drugs and what’s next

It has been seven years since the International Criminal Court (ICC) began investigating former Philippine president Rodrigo Duterte and the “war on drugs” in which thousands of people were killed on his watch.  

On March 11, the police acting upon a warrant from Interpol

arrested the firebrand politician at Manila’s airport

, in a victory for human rights campaigners who want to see the 79-year-old held to account for his anti-narcotics campaign.

Here is more on Mr Duterte’s bloody drug war and what comes next after his arrest.

How did the war on drugs begin? 

While he was president, Mr Duterte was frequently referred to as the Donald Trump of Asia for his radical leadership style and fiery manner of public speaking.

Before assuming the country’s top post, he gained national attention as mayor of the southern city of Davao, where he made public safety and a crackdown on illegal drugs the centrepiece of his tenure.

He has been accused of vigilante killings using a “death squad” during his time as mayor – allegations that he said were fabricated.

As a candidate in the 2016 presidential race, he campaigned on the same priorities, portraying narcotics use as a national epidemic and promising to stamp out illegal drugs within six months of being elected. He accused critics of valuing the lives of criminals over the good of society. 

His campaign targeted drug lords, dealers, users – anyone connected to the illegal drug trade.

Mr Duterte said at the time that there were as many as four million drug addicts in the South-east Asian nation of about 100 million people. The government’s Dangerous Drugs Board put the tally at 1.8 million.

Crystal methamphetamine, known locally as shabu, was at the time the No. 1 scourge, with much of it coming from China.  

How did the drug war play out?

Mr Duterte repeatedly told the police during his term that they could “shoot dead” criminals who resisted arrest. These instructions led to thousands of extrajudicial killings by the police of mostly poor drug suspects, according to Amnesty International.

More than 6,000 people lost their lives in the violence during his term as president from 2016 to 2022, according to the Philippines’ drug enforcement agency.

Human Rights Watch and local media outlets put the number at more than 12,000. Over 340,000 were arrested. 

There was public anger in 2017 after a 17-year-old student was killed. CCTV footage showed what appeared to be images of police officers dragging him minutes before he was shot dead. 

Throughout it all, Mr Duterte stood by his actions, saying he did it for his country. His government said the death count from international groups was an exaggeration and that police actions were above board and a form of self-defence.

His administration also said the deaths of innocent civilians, including children, were unavoidable “collateral damage”. According to government data, 89 billion Philippine pesos (S$2.1 billion) worth of drugs and equipment were seized in police operations, and more than 25,000 villages were cleared of illegal narcotics.

What’s Mr Duterte accused of by the ICC?

The ICC opened a preliminary investigation into Mr Duterte’s drug war in 2018, following complaints filed by a lawyer and lawmakers accusing him of crimes against humanity and mass murder.

Shortly after, Mr Duterte moved to withdraw the Philippines from the treaty that formed the ICC, a process that was completed in 2019. Still, the international court maintained jurisdiction over alleged crimes committed prior to the withdrawal.

Families of drug war victims also urged the court to pursue its probe.

Even before the ICC’s initial probe, Mr Duterte in 2017 denied committing crimes against humanity, saying “criminals have no humanity”, although he admitted that year that abuses by the police may have taken place.

Still, the court faced resistance from Mr Duterte for years. He even threatened to arrest a prosecutor looking into the drug war.

The probe was halted in late 2021 following a request from Mr Duterte’s government for deferral, saying that the local authorities were already looking into alleged extrajudicial killings.  

The probe was reopened in 2023, with the ICC saying it was not satisfied with the steps taken by the Philippine government. By then, Mr Ferdinand Marcos Jr had already taken over the presidency from Mr Duterte after winning the 2022 election.

Mr Duterte’s daughter, Ms Sara Duterte, was Mr Marcos’ vice-presidential candidate. Mr Marcos initially rejected cooperating with the ICC, but his administration changed its tone in late 2024 as ties with the Duterte clan frayed. 

Fast-forward to March, when Mr Marcos’ government arrested Mr Duterte and deported him to face the ICC in The Hague.

The international court, in its arrest warrant against the former leader, said it found “reasonable grounds” that Mr Duterte committed crimes against humanity in his drug war as Davao mayor and Philippine president.  

“He had the power to appoint key law enforcement officials and create the national network, which killed those identified as alleged criminals and shielded perpetrators from being held accountable for their crimes,” the ICC arrest warrant on Mr Duterte read.

What happens next?

Following his arrest, Mr Duterte is due to be delivered to the ICC and held at the detention centre in The Hague. He is then expected to undergo a pretrial process, appearing before the court to confirm that he understands the charges, according to the ICC website.

Judges will hear from the prosecution, the defence and legal representatives of the victims before deciding if there is enough evidence to proceed to trial, typically within 60 days.

If the trial proceeds, the prosecution must prove before three judges that Mr Duterte is guilty beyond reasonable doubt.

The judges can sentence a person found guilty to up to 30 years of imprisonment or give them a life sentence in exceptional cases, and can also order reparations for victims. The defence can appeal against the verdict. BLOOMBERG