THE International Criminal Court (ICC) on Wednesday emphasized the need for the immediate arrest of former president Rodrigo Duterte, citing his refusal to cooperate with the tribunal and his enduring influence over key Philippine institutions that could obstruct justice and intimidate witnesses.

Based on the warrant it issued against Duterte, the ICC said it ordered the arrest of the former Philippine president due to his blatant defiance of international accountability, a stance he has maintained throughout his political career.

The tribunal said one of the most striking manifestations of this defiance occurred in 2019 when he orchestrated the Philippines' withdrawal from the Rome Statute, the treaty that established the ICC. The move was widely viewed as a calculated attempt to shield himself from prosecution for his controversial and bloody war on drugs, which has resulted in thousands of killings.

The ICC further noted that Duterte has consistently dismissed the ICC's authority, branding its investigations as "foreign interference" and openly ridiculing the tribunal in public statements.

It said even after stepping down from office in June 2022, he has continued to challenge its legitimacy, labeling it a "toothless institution" while rallying his allies to reject any cooperation. His past provocations — where he brazenly dared the ICC to arrest him — further reinforce his unwavering resistance to accountability.

The ICC argued that Duterte remains a dominant force in Philippine politics, wielding significant influence over law enforcement agencies and key government officials. This enduring power, the tribunal said, poses a direct threat to the pursuit of justice. The court has expressed grave concerns over his ability to obstruct investigations, intimidate witnesses and manipulate institutions meant to uphold the rule of law.

It noted that alarming reports have also surfaced detailing a pattern of threats, harassment and even disappearances of potential witnesses willing to testify against Duterte. It said human rights organizations have documented numerous cases in which journalists, activists and former police officers — individuals with firsthand knowledge of state-sanctioned killings — have faced severe intimidation.

The systematic nature of these threats suggests a coordinated effort to silence those who could provide critical testimony in a trial, the ICC said.

"Mindful of the resultant risk of interference with the investigations and the security of witnesses and victims, the chamber is satisfied that the arrest of Mr. Duterte is necessary," the ICC said.

The tribunal has found reasonable grounds to believe that Duterte bears responsibility for crimes against humanity committed during his war on drugs. Court documents indicate that the ICC pretrial chamber uncovered compelling evidence that Duterte played a pivotal role in orchestrating and overseeing a systematic attack against civilians suspected of drug-related activities.

According to the ICC's findings, these actions were carried out as part of a state policy, involving Philippine law enforcement agencies, local government officials and non-state actors operating under state protection. The report highlights a pattern of extrajudicial killings allegedly conducted under Duterte's leadership, both as mayor of Davao City and later as president of the Philippines. Witnesses and evidence suggest that crime scenes were manipulated, police reports falsified and victims often executed while unarmed.

"The attack was planned, coordinated and executed at different levels, with key actors implementing a consistent policy of targeting individuals suspected of drug-related activities, often resulting in extrajudicial killings," the report states.

The ICC findings cite Duterte's numerous public statements in which he allegedly encouraged and legitimized extrajudicial killings. The court also noted that state resources were allocated to facilitate these killings, with law enforcement officers allegedly receiving financial incentives to execute drug suspects. Furthermore, the investigation uncovered evidence of witness intimidation and systematic efforts to obstruct justice, preventing accountability for those involved.

"As the head of the Davao Death Squad and later as president of the Philippines, Mr. Duterte had the power to frustrate the commission of the alleged crimes but instead enabled and encouraged them," the ICC ruling states.

"There are reasonable grounds to believe that Duterte acted with intent and knowledge in relation to the crimes committed."