The Duterte Legacy of Impunity Continues

The Philippine government’s recent move to urge the Supreme Court to reject Senator Ronald dela Rosa’s bid to block his arrest and surrender is a long-overdue step towards accountability. Dela Rosa, who oversaw the bloody “war on drugs” under Rodrigo Duterte’s presidency, has been hiding behind an excuse that he cannot be arrested and tried because of the Philippines’ withdrawal from the Rome Statute in 2019.

This argument is weak, as it is well-established international law that states may still be bound by obligations arising before they withdraw from an international treaty. The Office of the Solicitor General has correctly pointed out that Republic Act 9851 gives Philippine authorities the power to enforce ICC warrants and surrender suspects accused of grave international crimes. It’s a shame it took this long for government lawyers to remember their duty to uphold the law.

Dela Rosa is characterized by the OSG as coming “with unclean hands,” highlighting his attempt to evade justice through questionable legal maneuvering. His case has sparked renewed debate about the Philippines’ role in perpetuating impunity for those responsible for human rights abuses during Duterte’s presidency.

Former President Duterte himself faces trial at the International Criminal Court (ICC) on charges related to his “war on drugs” campaign, marking a significant signal that even high-ranking officials will not be spared from accountability. The ICC’s intervention has provided a much-needed check on impunity in the Philippines.

This case represents a broader struggle for justice and accountability in the country. Critics have long accused the government of whitewashing the “war on drugs” campaign, which left thousands dead with little transparency or consequence for those responsible. The ICC’s involvement has shed light on these abuses.

The road ahead will be challenging, with dela Rosa expected to continue contesting his arrest and surrender through multiple legal channels. However, it is clear that the Philippine government has begun to take steps towards upholding its international obligations, including those related to human rights and accountability.

It is crucial for these efforts not to fall flat due to inadequate follow-through or corruption within the justice system. The Supreme Court must see this case through to its logical conclusion: holding accountable those responsible for grave international crimes during Duterte’s presidency. Only then can the Philippines begin to rebuild trust with its citizens and the international community that it is committed to upholding the rule of law.

Dela Rosa’s case will serve as a litmus test for the Philippine government’s commitment to accountability and justice. If they let him off without consequence, it will perpetuate the culture of impunity that has plagued the country for far too long.