ICC Upholds 'War on Drugs' Probe, Denies Duterte Provisional Release Citing Flight Risk

The Hague, Netherlands – In a decisive blow to former Philippine President Rodrigo Duterte, judges at the International Criminal Court’s (ICC) Appeals Chamber have unequivocally rejected his multifaceted attempts to halt a pivotal investigation into his infamous ‘war on drugs.’ The court not only dismissed his plea to suspend the probe but also denied his request to cease the collection of evidence, crucially ruling against his provisional release by deeming him a significant flight risk.

This landmark decision, made public on Thursday, underscores the international community’s unwavering commitment to scrutinizing the deadly crackdown on illegal narcotics that characterized Duterte’s presidency from 2016 to 2022.

During his tenure, a brutal campaign unfolded across the Southeast Asian nation, leading to the deaths of thousands of individuals, predominantly poor suspects, under the guise of eradicating drug-related crime.

Duterte’s legal team had fervently argued for a pause in the investigation, contending that the probe should be suspended while they appealed an earlier Pre-Trial Chamber decision that authorized the inquiry to proceed.

These arguments, however, failed to sway the Appeals Chamber, which reaffirmed the legitimacy and necessity of the ongoing investigation. Furthermore, a request from Duterte to halt the gathering of evidence and to have all existing evidence sealed was also firmly rebuffed.

The ICC prosecutor initially launched a formal investigation into the 'war on drugs' in September 2021.

However, this was temporarily suspended just two months later after the Philippine government asserted it was conducting its own examination of the killings. This local review was ultimately deemed insufficient by the ICC, prompting its Pre-Trial Chamber to authorize the reopening of the investigation in January 2023, citing Manila’s inadequate efforts to genuinely probe the widespread fatalities.

Adding to his legal woes, the Appeals Chamber explicitly rejected Duterte’s request for provisional release during the appeal process.

The judges concluded that the "appellant is a person whose presence at trial cannot be ensured and who would abscond." This stark assessment highlights the court’s concern that Duterte might evade justice if allowed to remain free, emphasizing that provisional release is only granted under "exceptional circumstances."

Throughout the process, Duterte has vehemently contested the ICC’s jurisdiction, famously branding the investigation as “absurd.” His former spokesman, Harry Roque, has echoed this sentiment, unequivocally stating that Duterte "will not cooperate" with the court’s proceedings.

Despite Manila’s attempts to withdraw from the ICC, the court maintains jurisdiction over crimes committed while the Philippines was a state party.

This latest ruling from The Hague ensures that the relentless pursuit of accountability for the thousands of lives lost in the name of the 'war on drugs' will continue, sending a clear message about the enduring reach of international justice.