You can withdraw from ICC, but dictators will pay for their sins

President Rodrigo Duterte [AFP} The moment all authoritarians dread showed up this week. Despite several efforts to insulate himself from the deaths of thousands of Filipinos, former President Rodrigo Duterte (71) was arrested Tuesday. Arrested for crimes against humanity by the International Criminal Court, what signal does this send to other authoritarians? The 50-year-old dominance of the Marcos and Duterte dynasties was inescapable during my visit to the Presidential Museum in Manilla last year. Documented by Amnesty International, the elected administrations of Ferdinand Marcos (1965-1986) and Rodrigo Duterte (2016-2020) were responsible for mass corruption, hundreds of thousands of extrajudicial killings, unlawful detentions and torture, enforced disappearances and state violence against Filipino people. Rodrigo Duterte's period was also marked by an intense anti-drug campaign that licensed security agents to execute suspects. Drug watch lists of users, pushers or financiers became indiscriminate "kill lists". Within three years, his "my job is to kill" administration had killed over 6,600 suspects, many of whom were poor, defenseless and children. In 2019, the Rodrigo administration withdrew its membership to the ICC to avoid accountability under the Rome statute. Tuesday's arrest warrant therefore relates not to the mass murders perpetuated while President but to the crimes the "Davao Death Squad" committed under his direction while Davao Mayor (2011-16). While Duterte is first Asian former head of state to be indicted, he joins 69 other people indicted by the ICC and will soon be among the 35 whose cases are underway. The list includes Omar al-Bashir (Sudan), Jean-Pierre Bemba (DRC), Benjamin Netanyahu (Israel), Vladmir Putin (Russia). It includes the post 2008 election violence six Kenyan suspects, two of whom have gone on to be elected Presidents, Uhuru Kenyatta and William Ruto. While this latest case will be closely watched internationally, the current Philippines administration must follow their support for Rodrigo's arrest by rejoining the Rome Statute and fully cooperate with the ICC to issue arrest warrants against other former and current government officials. What can other authoritarians learn from the recent arrest of Rodrigo Duterte? Firstly, withdrawal from the ICC does not shield authoritarians from mass crimes committed before leaving the ICC. 125 countries including Kenya have ratified the Rome Statute and are bound by international human rights standards. Notably, Israel and US have not. The latter recently announced sanctions against anyone that assists in ICC investigations against US citizens or their allies. Secondly, even the most carefully laid succession plans, and political dynasties do not protect dictators. Current Filipino President Ferdinand "Bongbong" Marco Jr. is the son of Ferdinand and Imelda Marcos. His Vice-President Sara Duterte is the daughter of Rodrigo Duterte. They ran together and won by a landslide in 2022. More recently, their intense fall out is widely believed to have created the opening for justice to be served. Thirdly, even if you install a successor to protect you, your associates and interests, human rights related crimes are not subject to any statute of limitation. Decade-old crimes under your command can rudely return just as you are enjoying the grandchildren in peace. Fourthly, and most importantly, how did Nelson Mandela, Julius Nyerere and Corazon Aquino die without being handcuffed in the Hague? Why are Thabo Mbeki, Angela Merkel, Joachim Chissano and Ellen Sirleaf Johnson currently living without the fear of a date with the Hague? Simple. They all avoided terrorising their populations and cannibalising domestic justice mechanisms to the point that no-one trusted them. Invest in your criminal and social justice systems. Empower independent and professional investigators, prosecutors, judges, media and civil society. Enable your nation to breathe when it is restless, act on their concerns and history will judge you favourably. Societies that are not allowed to breathe dissent and offer those in power the opportunity to course correct, inevitably explode. Veteran Filipino human rights defender and Amnesty International Director Butch Olano (60) died in October 2024. Your life's work and that of many Filipinos to see justice has not been in vain. Thank you for your courage. irungu.houghton@amnesty.or.ke

You can withdraw from ICC, but dictators will pay for their sins

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